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(영문) 인천지방법원 2013.10.02 2013고단2819

정보통신망이용촉진및정보보호등에관한법률위반

Text

Defendant

A Imprisonment of 8 months, Defendant B, C, D, and E shall be sentenced to 6 months of imprisonment, Defendant F shall be subject to a fine of 5 million won, and Defendant F shall be subject to a fine of 5 million won.

Reasons

Punishment of the crime

No one shall destroy, destroy, alter, or forge an information and communications system, data, program, or similar without any justifiable ground, nor shall convey or distribute any program that is likely to interrupt operation of such system, data, program, or similar.

1. Around February 2012, the Defendant: (a) requested from K to the effect that “the scambling provided at “Korea Game” on the Internet game site operated by NHN; (b) an interview program (hereinafter “malicious program”) to be developed and managed to enable participants to view the success of the card game, including Baduk,” and (c) around February 23, 2012, the Defendant transferred the mobile storage device with the Defendant’s music storage device, which is the music program, developed by the Defendant, to K, on May 15, 2012, to M and N for a total amount of KRW 9 million; and (d) M and M are installed from around 201 to 300,000 to 200,0000,0000,0000,0000,0000 won, and (e) M and M are the most controlled entity’s employees, as indicated in BPC No. 21, 2012.

As a result, the Defendant conspired with K, M, N, B, and C, and delivered or disseminated a program that could interfere with the operation of the game site operated by the State NHN by the foregoing method.

2. Around June 2012, Defendant B received a request from M and N to “a malicious program installed in the PC in which M and N will reduce the price of KRW 1 to two million per month,” and received the foregoing L program from M and N around that time. Around October 19, 2012, the Defendant again received a malicious program, which is a malicious program developed by the winners of M and N, from M and N.

The Defendant, around June 20, 2012, installed from the RPC bank located in Q Q Q Q in the military, including the above LP program in the MPC drive for recovery from the PC.