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(영문) 서울중앙지방법원 2018.09.20 2018고정732

업무방해

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is the representative director of “B”, and the victim U operates the “N”, a competitor, and advertises the Internet via EF advertising sites.

EF advertising is an advertising product that, if an advertiser designates and registers a specific key, an unspecified user is exposed to the highest search order in the order presented in the same industry if he/she searches the key key key, and in this case, the advertiser shall include the key in his/her deposit account, and if the user character the F, the amount shall be deducted according to the frequency of times, and if the balance is insufficient in the deposit account, the amount shall be set off in the search order.

The defendant had the mind to interfere with the victim's advertising work by using a system that prohibits the advertisement of the exclusive character without the intention to normally use the key search advertisement of the competition company operated by the injured party.

On July 31, 2017, at the office located in the 14th floor S of the Seocho-gu Seoul Metropolitan Government RR Building 14th floor and the Defendant’s residence located in the Seocho-gu Seoul Seocho-gu H apartment I, searched a specific key key, such as “written appraisal, unmanned appraisal, and stamp image appraisal,” using a computer. The Defendant illegally accessed the “N (T) site operated by the victim,” thereby causing an unreasonable risk of advertising expenses to the victim. From around that time to July 20:10, 2017, the Defendant interfered with the victim’s Internet advertising work by means of a deceptive scheme over a total of 129 times in total, as described in the attached list of crimes, from around that time to July 31, 2017.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against U;

1. Requests for provision of communications data (V), replys to communications data (W Internet);

1. Application of Acts and subordinate statutes on the frequency and details of connection per day;

1. Article 314(1) and Article 313 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the selection of fines;

1. The Criminal Act to attract a workhouse;