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(영문) 전주지방법원 군산지원 2013.09.25 2013고단717

정보통신망이용촉진및정보보호등에관한법률위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

No one shall destroy, destroy, alter, or forge an information and communications system, data, program, or similar without a justifiable ground, nor shall convey or spread a program that is likely to interrupt operation of such system, data, program, or similar (hereinafter referred to as "malicious program").

Nevertheless, at around 18:30 on July 30, 2012, the Defendant had access to the NAE using the ID called “D,” and repeated posted the title “F0,000,000,” on the Kafbook bulletin board. A variety of minutes F support reports, and repeated posted the title “G.”

However, if the above URL address is charactered, the computer automatically connects to H and is subject to the Active X.ex, which is a malicious program, for the implementation of the safe site. This program is a malicious program that enables the computer to automatically connect to “I” on a regular basis.

In such a way, the Defendant distributed a malicious program to a large amount of 480 cost computer.

Summary of Evidence

1. Defendant's legal statement;

1. Report on internal investigation (report on the results of analysis of the malicious program posted on the Ek page, and the application of Acts and subordinate statutes as a result of analysis of the PC used by A, and the results of e-mail analysis used by A;

1. Article 71 subparagraph 9 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. concerning facts constituting a crime and Articles 48 (2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The number of computers with malicious programs with the reason for sentencing under Article 334(1) of the Criminal Procedure Act is about 480, and the nature of the crime is less than that of the crime in light of the means of the crime, danger, etc., but the defendant has a depth of the mistake and there is no record of criminal punishment for the same crime. The defendant does not have any pecuniary profit from the crime of this case, and if the game server operated by him enters the game server, it is malicious program.