beta
(영문) 서울동부지방법원 2018.09.13 2018고단2193

컴퓨터등장애업무방해

Text

Defendants shall be punished by a fine of KRW 7,000,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

1. On March 29, 2018, the Defendants related to criminal history and conspiracy were sentenced to imprisonment with labor for 10 months and two years of suspended execution with respect to the obstruction of disability duties, such as computers, at the Seoul Central District Court, and the said judgment became final and conclusive on April 6, 2018.

E developed a related search ranking manipulation program to F, and F intended to operate a “G”, an Internet search advertising company, and to operate the program in return for money to the Defendants who wish to run the program and to manipulate the H-related search ranking.

Accordingly, from January 201 to April 2018, F has been equipped with a set of Nowon-gu Seoul Metropolitan Government I building, Jho, Seoul Gangnam-gu K apartment, Lho Lake, etc. and a website (resident: M) in the Netherlands. After opening a website in the Netherlands, F entered search terms related to the search terms (search) by accessing the above site and operating the said program, and connected the H site.

E, from January 201 to April 2018, from Gangnam-gu, Seoul N apartment, Oho Lake, etc., was equipped with several hundreds of Nowon-gu Seoul and smartphones, and the program was operated in various ways, such as increasing the interval of time of entry into search lines (on the search key) related to the search lines (on the search key): by accessing the above site (M).

2. Defendant A, as an operator of the “P” company, requested F and E to be exposed to the top order of the search terms related to Q and related search terms of this H, around March 2017, and F, despite the fact that: (a) around March 26, 2017, users of H site searched Q “R”; and (b) even though there was no fact that there was an access to the search terms of “R” as a result of the search by the users of the H site around March 26, 2017, Defendant A sent a certain number of 2,677 false character information to the H search system using the above search ranking manipulation program.

LH search system had users search " Q" and had users recognize statistical data as being exposed to higher ranking in this related search.

(b) it;