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(영문) 수원지방법원 성남지원 2017.11.29 2017고단2363

정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)

Text

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

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

Reasons

Punishment of the crime

No one shall deliver or spread any program (hereinafter referred to as "malicious program") that may damage, destroy, alter, or forge an information and communications system, data, program, etc., or interfere with the operation thereof without justifiable grounds.

1. On May 2016, Defendant B, B, and C’s joint criminal acts committed by Defendant, B, and C committed an online game, which was an online game, and then came to know in the course of carrying out the said online game, and then, Defendant B, B, and C intended to develop a program to facilitate the game in favor of the users of the said game and sell it to the said game, by causing the malfunction of the game program, such as “monthly nuclear (a function to allow other character to be seen after the wall of the game)” and “di nuclear (a function to raise the size of the body of the other character by enhancing the size of the character),” etc.

On May 2016, 2016, Defendant B developed a program under the name of “D” that can use the function of the above monthly nuclear, and Defendant A created an Internet site that can manage the users of the above program and managed its members, such as membership membership and designation of the period of use, and C posted the above program sales advertisement on the Internet, around May 4, 2016, sold the above program to E who reported and contacted the above advertisement at KRW 60,000, as well as from around that time until May 28, 2016, upon receiving KRW 3,814,000 on a total amount of 91 times, as shown in attached Table 1 of the daily list of crimes, from that time to May 28, 2016.

Accordingly, the defendant distributed malicious programs in collusion with the above B and C.

2. On March 13, 2015, the Defendant alone committed the Defendant’s sole crime with access to the Internet program trading site called “F” and then produced and sold various programs.

“Preparation of a bulletin as indicated in the title of “,” and the person who reported and contacted the above bulletin, was willing to produce and sell a program.

The defendant is located around that time.