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(영문) 의정부지방법원 2017.05.31 2017고단469

정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)등

Text

1. Defendant A shall be punished by imprisonment for six months.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Defendant A

(a) No person who violates the Act on Promotion of Utilization of Information and Communications Network and Information Protection, etc. (violation, etc. of Information and Communications Network) shall damage, destroy, alter, or forge an information and communications system, data, program, etc., or deliver or spread a malicious program that may interfere with operation thereof without any justifiable ground;

The Defendant decided to sell the “G” program that enables the operator of the “private server”, who reproduced and operated the “L” game of the UN CCCF company, to publish a large number of publicity articles on the “Lop Pop Pop Pop Pop Pop Pall.com” (lin.popop.com).

In order to enable the users of the above “G” program to display a large number of promotional letters on a temporary basis by avoiding restrictions on the public relations posting of the above “Pop-up”, Defendant 1 expressed the PC of the private server users of the “L” game using the PC referred to as “wise PC,” and the PC posted a letter on the private server’s publicity of the “L” game automatically entered in advance on the “Pop-up”, and intended to sell it along with the “Mop-up program” through which the information, such as the IP address, of the said “G” users, is transmitted to the said “G” users.

On March 3, 2016, the Defendant received KRW 500,00 and sold malicious programs to I along with the above “G” program, and around that time, from around 74,690,000 to October 13, 2016, the Defendant received KRW 74,690,000 through 99 times in total as indicated in the crime list by the foregoing method and sold the malicious program to the private server operator.

As a result, the defendant has damaged, destroyed, altered, forged, or distributed malicious programs that could interfere with operation of information and communications systems, data, programs, etc.

(b).