CONTENTS
- 1. Criminal Complaint | The Circumstances Behind the Complaint
- - The Reason for the Network Act Violation Complaint: The Client to Whom the Charge of Intrusion into an Information and Communications Network Was Applied
- - How to Respond When Subject to a Criminal Complaint for Violation of the Network Act
- 2. Criminal Complaint | Punishment When the Charge of Violation of the Network Act Is Applied
- - Detailed Information
- - Detailed Information
- 3. Assistance for Defending the Criminal Complaint
- - Suspect in the Criminal Complaint Received a Suspension of Indictment with Daeryun's Assistance
1. Criminal Complaint | The Circumstances Behind the Complaint
The client, who was subject to a criminal complaint, stated that out of curiosity the client used various pieces of information that had been used at the company the client had left and accessed the company's information and communications network.
Having been referred even to the prosecutors' office as a result of the criminal complaint, the client was in a situation in which it was difficult to avoid criminal punishment.
The client was looking for a law firm with substantial experience in criminal cases involving violation of the Network Act, and after comparing numerous law firms, chose Daeryun LLC (Limited).
The Reason for the Network Act Violation Complaint: The Client to Whom the Charge of Intrusion into an Information and Communications Network Was Applied
The reason the client became subject to a criminal complaint was that the client intruded into the information and communications network of a company that the client had already left.
The client stated that the client logged in using the ID and password used at the company and then deleted company data.
As a case with clear evidence, the client was subject to a criminal complaint on the charge of intrusion into an information and communications network, and was placed at risk of punishment for violation of the Network Act.
The client, who wished for the case to be concluded as much as possible before trial, entrusted the case to Daeryun.
How to Respond When Subject to a Criminal Complaint for Violation of the Network Act
When subject to a criminal complaint for intrusion into an information and communications network, the way to respond is to seek a legal professional. It can be said that it is important to seek a professional and prepare a response plan before the matter grows larger.
When subject to a criminal complaint from a company, an individual is bound to face difficulty in explaining the circumstances of the case or gathering evidence alone.
For this reason, if you are subject to a criminal complaint for violation of the Network Act, it is necessary to seek a professional and receive a consultation.
2. Criminal Complaint | Punishment When the Charge of Violation of the Network Act Is Applied
If you are subject to a criminal complaint for violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, and the charge is applied, it is difficult to avoid criminal punishment. In this regard, we will examine the level of punishment below.
First, the intrusion incidents into an information and communications network as defined in the Act on Promotion of Information and Communications Network Utilization and Information Protection include 1. methods such as hacking, computer viruses, logic bombs, mail bombs, denial of service, or high-output electromagnetic waves; and 2. methods of installing, in an information and communications network or a related information system, programs or technical devices that enable access to the information and communications network by circumventing the normal protection and authentication procedures of the information and communications network, among others.
Detailed Information
Intrusion into an Information and Communications Network?
Network Act
Article 48 (Prohibition of Acts of Intrusion into an Information and Communications Network, etc.) ① No person shall intrude into an information and communications network without legitimate access authority or beyond the permitted access authority.
② No person shall, without justifiable grounds, transmit or distribute a program (hereinafter referred to as a “malicious program”) capable of damaging, destroying, altering, or forging an information and communications system, data, programs, or the like, or of disrupting their operation.
③ No person shall cause a disruption to an information and communications network by sending a large volume of signals or data, or by causing it to process improper commands, or by other such methods, for the purpose of hindering the stable operation of the information and communications network.
④ No person shall, without justifiable grounds, install in an information and communications network or a related information system, or transmit or distribute, programs or technical devices that enable access to the information and communications network by circumventing the normal protection and authentication procedures of the information and communications network.
What Is the Punishment for Intrusion into an Information and Communications Network?
Article 70-2 (Penalty Provisions) A person who transmits or distributes a malicious program in violation of Article 48 (2) shall be punished by imprisonment for not more than 7 years or a fine not exceeding 70 million won.
Article 71 (Penalty Provisions) ① Any of the following persons shall be punished by imprisonment for not more than 5 years or a fine not exceeding 50 million won.
1 through 8. Deleted
9. A person who generates or processes connecting information in violation of Article 23-5 (1)
10. A person who processes connecting information beyond the scope of purpose under Article 23-5 (4)
11. A person who intrudes into an information and communications network in violation of Article 48 (1)
12. A person who causes a disruption to an information and communications network in violation of Article 48 (3)
13. A person who installs in an information and communications network or a related information system, or transmits or distributes, programs or technical devices in violation of Article 48 (4)
14. A person who damages another person's information, or infringes, misappropriates, or divulges another person's secrets in violation of Article 49
② An attempt to commit the offense under paragraph (1) 11 shall be punished.
Detailed Information
Intrusion into an Information and Communications Network?
Network Act
Article 48 (Prohibition of Acts of Intrusion into an Information and Communications Network, etc.) ① No person shall intrude into an information and communications network without legitimate access authority or beyond the permitted access authority.
② No person shall, without justifiable grounds, transmit or distribute a program (hereinafter referred to as a “malicious program”) capable of damaging, destroying, altering, or forging an information and communications system, data, programs, or the like, or of disrupting their operation.
③ No person shall cause a disruption to an information and communications network by sending a large volume of signals or data, or by causing it to process improper commands, or by other such methods, for the purpose of hindering the stable operation of the information and communications network.
④ No person shall, without justifiable grounds, install in an information and communications network or a related information system, or transmit or distribute, programs or technical devices that enable access to the information and communications network by circumventing the normal protection and authentication procedures of the information and communications network.
What Is the Punishment for Intrusion into an Information and Communications Network?
Article 70-2 (Penalty Provisions) A person who transmits or distributes a malicious program in violation of Article 48 (2) shall be punished by imprisonment for not more than 7 years or a fine not exceeding 70 million won.
Article 71 (Penalty Provisions) ① Any of the following persons shall be punished by imprisonment for not more than 5 years or a fine not exceeding 50 million won.
1 through 8. Deleted
9. A person who generates or processes connecting information in violation of Article 23-5 (1)
10. A person who processes connecting information beyond the scope of purpose under Article 23-5 (4)
11. A person who intrudes into an information and communications network in violation of Article 48 (1)
12. A person who causes a disruption to an information and communications network in violation of Article 48 (3)
13. A person who installs in an information and communications network or a related information system, or transmits or distributes, programs or technical devices in violation of Article 48 (4)
14. A person who damages another person's information, or infringes, misappropriates, or divulges another person's secrets in violation of Article 49
② An attempt to commit the offense under paragraph (1) 11 shall be punished.
3. Assistance for Defending the Criminal Complaint
Through a thorough consultation with the client, Daeryun LLC assigned attorneys specializing in this area, consisting of multiple professionals with substantial experience in cases involving intrusion into an information and communications network.
The Daeryun attorneys specializing in this area emphasized that the suspect committed the offense in a moment of being unable to resist curiosity, and that the suspect acknowledged all of this and was reflecting on it.
They further pointed out that the suspect had reached an amicable settlement with the victim, and requested that leniency be granted in this case.
■ The suspect acknowledged having logged in after leaving the company using the ID and password used at the company
■ The suspect committed the offense out of simple curiosity and was reflecting on it
■ With the assistance of Daeryun, the suspect reached an amicable settlement with the company, and the company likewise expressed the view that it did not wish for the suspect to be punished
Suspect in the Criminal Complaint Received a Suspension of Indictment with Daeryun's Assistance
This is a case in which the prosecution accepted the arguments of the Daeryun LLC attorney specializing in this area and issued a suspension of indictment for the suspect in a criminal complaint case involving intrusion into an information and communications network.
A suspension of indictment is a disposition in which, even when the criminal charge is acknowledged, the prosecution does not bring a public prosecution after comprehensively considering various circumstances such as prior record, the degree of harm, and whether a settlement has been reached.
For crimes involving an information and communications network, whether punishment is imposed may vary depending on the circumstances of the conduct and the structure of the evidence, so an early response is important.
Through collaboration between its corporate legal and criminal groups, Daeryun LLC analyzes the structure of a case and establishes a response strategy based on examination of evidence (with partner firms) and digital forensics cooperation.
If you are in a situation that requires an investigation or response in connection with a criminal complaint involving intrusion into an information and communications network, please confirm the issues of your case and the response strategy through a 🔗criminal attorney legal consultation booking.
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This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
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