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(영문) 서울중앙지방법원 2016.11.03 2016고단6429

정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)

Text

Defendant

A Imprisonment with prison labor for one year, and for one year and six months, respectively.

Nos. 1 through 19 of seized evidence.

Reasons

Punishment of the crime

1. No one shall damage, destroy, alter, or forge an information and communications system, data, program, etc., or distribute a program that is likely to obstruct the operation thereof (hereinafter referred to as "malicious program") without justifiable grounds, and shall damage another person's information processed, stored, or transmitted through an information and communications network, or shall not infringe, use, or divulge another person's confidential information;

Defendant

A, in the event of a game that is a Internet game site, a user of the game play a game, such as a PC computer, by hindering the operation of technical measures to prevent the other party from seeing the other party’s plaque, and by preventing him/her from viewing the other party’s plaque, he/she became aware of the fact that there is a file to be installed in a computer located in a PC room (a one-time beauty program). The said music program was disseminated and installed on a computer located in a PC, and then the user of the game using the PC computer infected in the above music program was transmitted the screen to the server he/she manages, and then was sent the screen of the user of the game using the PC computer infected in the above music program, and was charged with money by selling the game, such as a one-time caption, with a fee for use, such as daily rain, etc., and was charged with money.

Accordingly, around January 2016, Defendant A requested F, a computer programming machine, which was known to the general public in Seoul, to produce the above malicious program, and had the crypted from F, and had the taskhost.exe file stored from F, the above malicious program called “G program”.

Defendant

At the office of H, which is a branch located in the Jeonnbuk-si, the early February 2016, A was introduced by the Defendant B, who spreads the above malicious program on the PC computer and works in Seoul.