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(영문) 대전지방법원 2015.01.16 2014고단2170

정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)

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A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2014 Highest 2170]

1. A crime against the victim C, around October 2013, posted a program file for calculating the experience value of the Internet game “the wind country” account at the Defendant’s residence located in Daejeon Central District Office No. 505, Daejeon Central District Office No. 505, and stored a malicious program in the same file.

Where the above file is downloaded and installed on a computer, damage computers such as a computer with a malicious program installed by the defendant's pre-designated computer can be able to adjust remotely by means of a pre-designated computer, and a text or order entered on a computer can be confirmed.

On November 4, 2013, the injured party C, without knowing that the malicious program was stored together in the file posted by the accused, set up on his own computer by downloading it. The accused confirmed the fact that the malicious program was installed on the victim’s computer around that time. Around that time, the Defendant transferred the victim’s computer to the Defendant’s account, “the wind country,” which is owned by the injured party, approximately KRW 200,000,000,000,000,000 won.

As a result, the Defendant spreaded programs that could damage, destroy, alter, forge, or interrupt the operation of an information and communications system, data, or program without any justifiable reason, and damaged another’s information processed, stored, or transmitted through an information and communications network.

2. On January 5, 2014, the Defendant sent the pertinent program files to the victim by e-mail and stored a malicious program like Paragraph (1) in the victim’s e-mail at the Defendant’s residence located in Daejeon Jung-gu D Building 505.

On January 5, 2014, the victims are as above.