beta
(영문) 서울서부지방법원 2012.12.26 2012고단2113

정보통신망이용촉진및정보보호등에관한법률위반등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for 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, etc. of Information and Communications Network Utilization and Protection, etc. shall damage, destroy, alter, or forge an information and communications system, data, program, etc., or deliver or distribute a program that is likely to interfere with

Nevertheless, around October 5, 2010, the Defendant purchased the “net robot” and “mk-se.ex” from B to December 2010, the Defendant: (a) installed three computers in an officetel located in Ilyang-si, Manyang-si, in order to acquire Internet game money using the above music program; (b) installed three server computers in one of the server computers installed the above “NetBot” program to control other computers remotely; and (c) installed a server to control other computers from October 5, 2010 to December 12, 2010 to December 22, 2010; and (d) distributed the above “Net-e” program to the above computer at 110 p.m. at the 110 p. e., Namyang-ju, Cheongyang-si, Mauri-si, and Kimcheon-si.

2. No person who violates the Act on Promotion of Utilization of Information and Communications Network and Protection of Information Information shall intrude into an information and communications network without access authority or beyond the permitted access authority;

Nevertheless, the Defendant, from October 5, 201 to April 5, 2011, operated the “NetBot” program installed on a server computer at the 110 computers located across the country where the said malicious program “mk-sever.exe” is installed, and found a computer connected to one online game among them, and then opened the game room in which the non-ex customer connects the Internet game, and acquired the game money equivalent to 1.5 billion won by arbitrarily operating the customer’s Mas and kids and kids.