정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
No person shall damage, destroy, alter, or forge an information and communications system, data control program, etc., or deliver or distribute a program that is likely to obstruct its operation without justifiable grounds.
On February 11, 2015, the Defendant: (a) controlled the other party’s computer Mas and kids; (b) obtained information; and (c) sold “2.0.egg., a malicious program, which has the function of cutting off the screen and transmitting file,” which is a malicious program, such as name in the list of crimes in the attached Form, on three occasions from that time to February 27, 2015.
As above, the Defendant delivered or disseminated malicious programs without justifiable grounds.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to a report on internal investigation (Attachment of monitoring data on a malicious program operator), report on internal investigation (limited to a single dispute), internal investigation (limited to a suspect and e-mail dialogue and remote connection), report on internal investigation (limited to e-mail seizure, such as NAV and NAE), internal investigation (limited to e-mail seizure, such as NAV and NAE), report on internal investigation (limited to the specific location of e-mail used by a person under internal investigation, and communication investigation on a mobile phone), report on internal investigation (limited to the specific location of a person under internal investigation), and report on internal investigation (implementation of a malicious program delivered by a person under internal investigation to an
1. Article 71 subparagraph 9 of the Act on Promotion of the Utilization of Information and Communications Network Utilization and Information Protection, Etc., Articles 71 and 48 (2) of the Act on Promotion of the Protection, etc. of Information and Communications Network Utilization, and Selection of Imprisonment with labor
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the Defendant repeatedly sells malicious programs for profit-making purposes; however, it is unfavorable for the Defendant to have repeatedly sold such programs; while recognizing the instant crime as a first offender, it reflects the mistake; and the actual gains are not much high; and other favorable circumstances, such as the Defendant’s age, sexual behavior, environment, and motive or circumstance of the crime.