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(영문) 인천지방법원 2013.05.28 2013고단1757

정보통신망이용촉진및정보보호등에관한법률위반

Text

Defendant

A and B shall be punished by imprisonment with prison labor for one year, and by imprisonment for eight months, respectively.

However, the defendant C is subject to objection.

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.

The Defendants: (a) had the staff H and I of (ju) G employees of the PC-based controlled entity and I establish a beauty program (hereinafter referred to as the “malicious program”) to enable them to see the plaques offered at (ju) NHN’s online game site’s “Korea-style game”; and (b) had the users manage the list of computers with the beauty program (hereinafter referred to as the “welth PC”); and (c) had the users use the card game by accessing the PC’s game site, they had the users acquire the game money by raising the rate of winning by using the card game and exchange it.

Defendant

A on February 23, 2012, 2012, from J, the program developer, the program, the K9-KIA program developed by B, and transferred the program to B on May 15, 2012, and Defendant B and C had the aforementioned H and I establish the above program on the PC bank managed by B and I.

In addition, on November 2012, Defendant B and C had the NEW BM, which is a malicious program developed by the unsatised winners of name around November 201, be installed in the PC in charge of the management of (State)G by the aforementioned method.

The Defendants installed a 3,566 computer installed in the PC located in the PC in charge of the management of NEW, which is a malicious program in the foregoing manner, as seen above, the Defendants: (a) and (b) and (c) access one game site after installing a large number of multi-household computers connected to K, L, and M, which are connected to the Internet, from June 5, 2012 to November 12, 2012, during the period from Jun. 5, 2012 to Jun. 5, 2012.