(영문) 대전지방법원 2018.01.18 2017노563 | 리걸엔진

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(영문) 대전지방법원 2018.01.18 2017노563

업무방해등

Text

The judgment below

The part against the defendant shall be reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The defendant above.

Reasons

1. Summary of grounds for appeal;

A. In relation to the obstruction of business among the facts charged against the Defendant by misapprehending the legal principles, it was true that the Defendant posted and disseminated a modified game program as stated in this part of the facts charged through the bulletin board of the co-owned site operated by the Defendant, but thereby causing mistake, sense, and site to the game company of the damaged person.

The act of the defendant does not interfere with the business of the above company.

However, the court below found the defendant guilty on this part of the facts charged. The court below erred by misapprehending the legal principles on obstruction of business.

B. The sentence of the lower court (the penalty amounting to KRW 10 million, confiscation) is too unreasonable.

2. Judgment on the misapprehension of legal principles

A. In the crime of interference with the business through a deceptive scheme under Article 314(1) of the Criminal Act, the term “defensive means that a person who committed an act causes mistake to the other party or causes a site in order to achieve the purpose of the act (see Supreme Court Decision 2013Do8734, Dec. 24, 2014). (b) In a case where a game user installs a game program modified as stated in the facts charged in this part of the facts charged and executes it on his/her own mobile device and connects to the game server, the game company cannot distinguish the game user who connected to the server by installing the altered game program, and installing a normal game program with the game user who connected to the server, and thus, it is established that the crime of interference with the business by a deceptive scheme is established only when he/she connects the game server.

However, the defendant's act of interference with the business of this part of the facts charged is posted on the bulletin board of the mobile-based sharing site that the defendant opened the altered game program as mentioned above.

참조조문

-형법 제314조 제1항

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