A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

1. No person who violates the Act on Promotion of Information and Communications Network Utilization and Protection, etc. shall destroy, destroy, alter, or forge information and communications systems, data, programs, etc., or distribute or distribute any program (hereinafter referred to as "malicious program") that is likely to interfere with the operation thereof

피고인은 2011년경부터 인터넷 ‘QQ메신저’를 통해 D와 해킹이나 DDoS공격 등에 대한 정보를 나누던 중, 2013. 3. 16.경 서울 서대문구 E 지하 2층에 있는 피고인의 주거지에서 ‘QQ메신저’에 피고인의 닉네임인 ‘F’로 접속한 다음 ‘G’라는 닉네임으로 접속한 D에게 인터넷상에서 ‘고스트’라고 알려진 해킹툴인 '3.75-1-27.rar'이라는 악성 프로그램을 전달하였다.

In addition, the Defendant delivered or disseminated malicious programs in the same way 19 times from that time to March 30, 2013, as shown in the attached list of crimes (1).

2. No one who violates the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Violation of Information and Communications Network, etc.) shall intrude on any information network.

On January 3, 2013, at the same place as before the Defendant’s computer on January 12:37, 2013, the Defendant selected and connected the SKSC server (IP address: 245.61.61.196) through the VPN installed in China using the Defendant’s computer at the same place as before, and accessed the information and communications network without legitimate access authority or beyond the permitted access authority.

In addition, as shown in the attached list of crimes (2), the Defendant intruded on the information and communications network over 22 occasions from that time to April 19:19, 2013 without legitimate access authority or beyond permitted access authority.

Summary of Evidence

1. D in which the defendant's partial statement in court is recognized credibility.