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(영문) 서울중앙지방법원 2010.10.14 2010노750

컴퓨터등사용사기 등

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All appeals filed by the prosecutor and the defendant A, B, D, H, and I are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In full view of the evidence submitted by the prosecutor of mistake of facts (defendants E, F, and G), the advertisement of “sphone link” by Defendant E, F, and G, in collusion with Defendant A, D, or Defendant A, and C, operating a fireworks delivery company, is sufficiently recognized. 2) The lower court’s each sentence (defendants A, C, C, D, H, and I: one year of imprisonment, two years of probation, two years of community service order, two years of probation, 160 hours of imprisonment, two years of probation, two years of probation, 160 hours of community service order, 160 hours of community service order, Defendant H, and I: each fine of KRW 5 million) is too unreasonable.

B. Defendant A, B- Each sentence of the lower court on unreasonable sentencing is too unreasonable.

C. Defendant D1) The part related to the distribution, etc. of the preeb.ex “ex eb.ex” program (hereinafter “instant program”) (Article 2(a) of the original decision) does not constitute a malicious program.

The instant program is merely a computer user’s downloaded on his own computer by his own will, and thus, the Defendant cannot be deemed to have invaded on the information and communications network.

B) Relevant parts, such as automatic completion language generation (as stated in the original judgment, No. 3-C.

An act of inputting search language using the instant program cannot be deemed as an act of inputting false information or unlawful order, and thereby, cannot be deemed as an act of obstructing the duties of NAV’s search service, etc. In addition, an act of creating automatic completion, etc. and raising the order of priority by using the instant program cannot be deemed as an act of creating NAV’s automatic transmission, etc. does not constitute an act of obstructing an information and communications network. (C) An act of downloading NAV’s sponsor link using the instant program is deemed as an act of entering NAV’s information or unlawful order.