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(영문) 수원지방법원 안산지원 2016.01.20 2015고단4017
컴퓨터등장애업무방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From March 18, 2015 to March 21, 2015, the Defendant interfered with the business of obstructing the use of information and communications networks without legitimate authority by accessing the “pop-up television, a Internet site operated by the victim Red Co., Ltd.” to the “pop-up television” and accessing the victim’s Internet site by implementing the hacking program with the function of enabling the Defendant to create a virtual ID at the Defendant’s home located in the luminous time from March 18, 2015 to March 21, 2015, thereby interfering with the victim’s business of operating the Internet site by interfering with the victim’s business.

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

Nevertheless, around March 23, 2015, the Defendant delivered the above “Tex” program, which is a malicious program, in return for receiving a device from a person who is not his/her name, at the above Defendant’s office.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Data on connection and details of sales;

1. A photograph of the crime scene by closure;

1. Application of Acts and subordinate statutes on seizure records;

1. Articles 314(2) and 314(1) (a) of the Criminal Act regarding criminal facts in question; Articles 72(1)1 and 48(1) of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (a) of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc.; Articles 71 subparag. 9 and 48(2) (a) of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc.; and choice of imprisonment with labor.

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