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(영문) 광주지방법원 2021.02.10 2020노1735

정보통신망이용촉진및정보보호등에관한법률위반등

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The judgment of the court below is reversed.

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for one year and three months.

except that this shall not apply.

Reasons

1. The main reasons for appeal are as follows: Each punishment of the lower court (one year of imprisonment, additional collection, one year and three months of imprisonment, and additional collection) is too unreasonable.

2. Determination ex officio as to the violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.

(a) No person shall damage, destroy, alter, or forge an information and communications system, data, program, etc., or transmit or spread a program that is likely to interfere with its operation without good cause. (1) A summary of this part of the facts charged is 2018 Godan 2316 (Defendant A).

On January 15, 2018, the Defendant added Defendant A’s crime in line with the lower court’s decision on the amendment to Bill of Indictment from October 26, 2017 to March 18, 2020, including the sale of 5,000 won to H of “E” programs purchased from the needy person (i.e., the use of online games in the operation of FF by allowing the users of malicious programs to display the enemy’s position, functions indicating the enemy’s position, and booms according to automatic entry, so allowing H to play games more favorable to the game users who do not use the program).

By April 29, 2018, as shown in the list of crimes listed in the judgment below, sold the above malicious program totaling KRW 40,136,000 in total over 398 times, as shown in the list of crimes listed in the judgment below.

Accordingly, the Defendant spreaded programs that could interfere with the operation of G Game programs by F Co., Ltd.

2) The Defendants conspired to show the L Game Nuclear Program (L Game) managed by the K in the 2020 senior group 605 senior group 605 senior group, in the dwelling space of Defendant A in the 1,00 city I building J, and in the studio located in the Chinese north Gyeong-si, China.