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(영문) 인천지방법원 2018.05.04 2017고단9501
정보통신망이용촉진및정보보호등에관한법률위반등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No person who violates the Act on Promotion of Use of Information and Communications Network and Information Protection, etc. shall be knowingly provided with any divulged personal information for profit or any unlawful purpose;

around May 15, 2017, the Defendant, at the office of the Defendant, located in Yeonsu-gu Incheon building B B, in contact with the name in secret via D Messens, and 100 (2) where personal information was stored, such as E, 100 persons, InternetF ID, fisd, and contact information. The Defendant knowingly acquired 400 won per personal information from the name in secret from May 15, 2017 to May 23, 2017, for the purpose of increasing the number of recommendations for insurance-related articles, which are F knowledge, with the knowledge of the divulged.

2. No person who violates the Act on Promotion of Utilization of Information and Communications Network and Protection, etc. of Information and Communications Network (violation, etc. of Information and Communications Network) shall intrude into an information and communications network without legitimate authority

On May 15, 2017, at the office described in paragraph (1) around May 15, 2017, the Defendant used personal information of E, as described in paragraph (1), to access the Internet F, and recommended an insurance-related writing, which is F knowledge, to the Internet network without legitimate access over a total of 640 times from May 15, 2017 to May 23, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of conversations;

1. Personal information file CDs;

1. Application of statutes on records of seizure and lists of seizure;

1. Article 71(1)6 of the Act on Promotion of the Utilization of Information and Communications Network Utilization and Information Protection, Etc. for Criminal Facts and Articles 71(1)6 and 28-2(2) of the Act on Promotion of the Utilization of Information and Communications Network Utilization and Information Protection, Etc. (the provision of personal information divulged for profit) and Articles 71(1)9 and 48(1) of the Act on Promotion of the Use of Information and Communications Network Utilization and Information Protection, Etc. (the provision of personal information divulged for profit).

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