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(영문) 전주지방법원 정읍지원 2017.01.12 2016고단495

정보통신망이용촉진및정보보호등에관한법률위반등

Text

Defendant

A Imprisonment with prison labor for one year, and for six months, for each of the defendants B.

, however, from the date this judgment becomes 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. shall damage, destroy, modify, forge, or distribute any information and communications system, data, program, etc., or any other program that may interfere with operation thereof without a justifiable ground;

Nevertheless, on May 10, 2015, the Defendant received 15,000 won in the name of the Defendant and transmitted the certification code by using a malicious program (the title "bank," "blue," and its certification code, which provides that the Defendant would be able to carry out a game more favorable than the other party, by altering (i.e., e., u., u., u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. u. k.) and then, the Defendant received 15,000 won in money from the agricultural bank account (F) in the name of the Defendant.

Defendant: (a) received a total of KRW 95,306,377 from that time through the foregoing method until July 26, 2016, a total of KRW 1,171 times as shown in attached Table 1, as in attached Table 1; and (b) distributed the malicious program and its certification code by transmitting the said malicious program and its certification code using the NAEN.

나. 업무 방해 피고인은 위 일시, 장소에서, 위와 같은 방법으로 ‘ 서든 어택’ 온라인 게임의 악성 프로그램을 유포하여 피해자 ( 주) 넥슨으로 하여금 악성 프로그램을 통제하기 위한 패치프로그램 및 보안 프로그램을 새로 개발하여 설치하게 하는 등 위계로써 피해자의 정상적인 게임 운영 업무를 방해하였다.

2. Defendant B

(a) Any person who violates the Act on Promotion of Utilization of Information and Communications Network and Information Protection, etc. shall damage, destroy, modify, forge, or impair an information and communications system, data, program, etc. or deliver a program that may interfere with its operation without good cause;