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(영문) 광주지방법원 2013.04.12 2012고단6536

정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)등

Text

Defendant

A shall be punished by imprisonment for six months, by a fine of 2,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

The Defendants are free from their own duties between the private and private sectors, and, in the event that the games are enjoyed by the games that are provided through (a) NHN to an unspecified number of unspecified parties connected to the Internet through (b) NHN, using a malicious program, a malicious program that enables the game to be run in the state where the other party’s PC screen shows, the Defendants easily acquired a large amount of game money from the other party and received money by selling it.

1. No person who is liable to damage, destroy, alter, or forge an information and communications system, data, program, etc., or to obstruct operation thereof without any justifiable ground, shall convey or distribute a program that is likely to obstruct operation thereof;

Nevertheless, from December 3, 2011 to July 30, 2012, the Defendant: (a) provided three computers, etc. with the Defendant’s house located in Gwangju-gu, Gwangju-gu, with three computers from 102 and 1110; (b) created malicious code by using the above “ulp” program purchased from the Defendant’s home; and (c) caused the Defendant to infection with the other party PC by installing the PC in an insular PC; and (d) acquired the game money by easily taking into account the other party’s plaque against the users who enjoy the PC; and (e) obtained the game money by easily winning it in the game.

As a result, the Defendant distributed a malicious program that could interfere with the operation of the game, such as (ju) NHN’s online, without justifiable grounds.

2. No one shall engage in the business of exchanging or arranging exchange or repurchase of tangible or intangible results obtained through the use of game products by the Defendants.

Nevertheless, the Defendants, at the above time and at the same place, play games such as game money by using the PC infected by the malicious program in the above manner (and from the end of March 2012, Defendant B).