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(영문) 광주지방법원 2014.04.09 2013고단5872

정보통신망이용촉진및정보보호등에관한법률위반등

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A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. No person who violates the Act on Promotion, etc. of Information and Communications Network Utilization and Protection, etc. shall destroy, destroy, alter, or forge an information and communications system, data, program, etc., or convey or spread a program that is likely to interfere with the operation thereof (hereinafter referred to as "malicious program") without any

Nevertheless, between August 19, 201 and June 28, 2013, the Defendant carried out and stored a program purchased by giving money from a person who is not his/her name in China, on seven computer hardware installed at the top of the 7 scam room located in Gwangju Northern-gu C, Gwangju Northern-gu, and on the top of the 100 scambs.

The program is a server and a malicious program (one name: sound) operated by the method of crypt so that users of the Internet-based game can not see the other party's plaque if they play a game, such as a shack and Baduk, and can see the other party's plaque.

Accordingly, the Defendant distributed malicious programs that could interfere with the operation of the said game program without justifiable grounds.

2. No person who violates the Game Industry Promotion Act shall engage in the business of exchanging or arranging exchange or repurchase tangible and intangible results obtained through the use of game products;

Nevertheless, around August 19, 201, the Defendant: (a) infringed on the information and communications network of users infected by a malicious program using multiple computers in the same way as the preceding paragraph; (b) obtained game money by doing so; (c) obtained a game money; and (d) obtained a part of the game money to “game money” in the name of a person who purchased a game money (i.e., “one blood transfusion method”); and (e) deducted the game money from 120,000 won per one million won per game money and transferred 120,000 won to the Defendant’s type G bank account (H) in the name of the Defendant.

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