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(영문) 서울동부지방법원 2018.05.25 2018고정470
정보통신망이용촉진및정보보호등에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. No person who violates the Act on the Promotion of Information and Communications Network Utilization and Information Protection, etc. and the Promotion of the Game Industry shall destroy, destroy, alter, or forge an information and communications system, data, program, etc., or deliver or spread a program that is likely to interfere with the operation thereof (hereinafter referred to as "malicious program"), and shall distribute a computer program, instrument, or device not provided or approved by a game water-related business operator for the purpose of interfering with the normal operation of game products or produce such program for distribution without justifiable grounds;

Nevertheless, the Defendant, in relation to Nexson Korea’s “satison,” which is operated by the victimized company, injected any code that carries out illegal orders on the game clat data provided by the victimized company, so that users of the malicious program can automatically control the character of the other party to the game, such as “heat” function, and “a fixed” function that does not go against the other party to the game at the time of shooting the guns, etc. so that the Defendant intended to produce a malicious program that enables the victimized company to play a more favorable game than the game users and sell it to the unspecified number of users of the game.

Accordingly, in the second half of 2015, the Defendant created the above malicious program at the PC near the Songpa-gu Seoul Metropolitan City, and posted a letter to the effect that he sells the said malicious program on the bulletin board, etc. of the “Stok” game site. The Defendant sold the above malicious program to the person “B” who contacted with the NAN on January 3, 2016, by informing him of the ID and password that he can use the above malicious program for a certain period, and received 100,000 won in return, from that time until May 11, 2017.

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