정보통신망이용촉진및정보보호등에관한법률위반등
The judgment of the court below is reversed.
Defendants shall be punished by imprisonment for ten months.
However, for two years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. In a case where the Defendants distributed malicious programs to many and unspecified persons, it is naturally anticipated that they will play games by pretending that they would acquire items, etc. in a normal condition, and accordingly, the game is not operated properly. As such, the risk or result of interference with business, such as the victim’s disbursement of expenses for controlling malicious programs, is inevitable.
The Defendants were aware of all these circumstances at the time of selling and distributing malicious programs to many and unspecified persons, and thus the crime of interference with business is established.
B. The lower court’s respective sentence (each of 8 months of imprisonment, 2 years of suspended execution, probation, and community service order) against the Defendants is too uneasible and unreasonable.
2. An ex officio determination prosecutor: “Purchase of KRW 17,00 per unit of money from KRW 15,00 to KRW 17,00 per unit of money” in the facts charged against the Defendants in violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, Etc. against the Defendants during the trial; “total amount of KRW 239,626,50 on 4,917 times per unit of money” shall be changed to “total of KRW 239,626,500 on 4,916 occasions as shown in the attached list of crimes,” and the attached list of crimes (the same shall apply to the entry in the attached list of the judgment) shall be added to “the total of KRW 239,546,500 on 4,916 times as shown in the attached list of crimes,” and the judgment of the court below shall no longer be maintained as the following changes
The Defendants conspired with each other from November 29, 2013 to April 13, 2015, acquire items, etc. by a large number of unspecified persons who purchased the automatic hunting program by spreading the D Game Music Program “E (E or F)” and its certification code in the same manner as the facts constituting a crime indicated in the judgment below.