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(영문) 의정부지방법원 2015.07.24 2015고단658

정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)등

Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment with prison labor for ten months.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendants, with the knowledge that, in the event of a game such as spaers and Baduks through the Internet game, the Defendants, with the knowledge that they obtained an unspecified number of PCs by spreading a program using the other party’s card plaque, requested to spread a malicious program by paying money to those who spread the above malicious program. The Defendants, by securing the PC list infected in the above malicious program, intended to acquire the game money and exchange it in cash to divide the profits therefrom.

1. No person who violates the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Violation of Information and Communications Network, etc.) shall damage, destroy, alter, or forge an information and communications system, data, program, etc., or transmit or spread a program (hereinafter referred to as "malicious program") that is likely to obstruct its operation

From the early May 2014 to June 17, 2014, the Defendants knew that the Defendants infected with the above malicious program by spreading the malicious program to enable the other party to see the other party’s plaque when they play games, such as sackers, Baduk, etc. in the game using an influorous method, from the beginning of May 2014 to the early of June 17, 2014, the Defendants provided 100,000 won per day to the above person influored name, and requested that the above person influored the above malicious program spreads of the above malicious program, and then put the list of the PC infected with the above malicious program to the suspects.

As a result, the Defendants distributed malicious programs that could interfere with the operation of information and communication systems, data, or programs in collusion with the false names.

2. Any person who violates the Game Industry Promotion Act shall engage in the business of exchanging or arranging exchange or repurchase tangible and intangible results obtained through the use of game products;