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(영문) 인천지방법원 2018.02.19 2017고단7837
정보통신망이용촉진및정보보호등에관한법률위반등
Text

A defendant shall be punished by imprisonment for two years.

Seized evidence 1 (one PC) shall be forfeited from the accused.

Reasons

Punishment of the crime

The defendant seized the game items and game money of the Internet Nice Game server users, and sold and commercialized them.

1. No one who spreads a malicious program shall destroy, destroy, alter, or forge an information and communications system, data, program, etc., or distribute or spread a program that is likely to interrupt operation of such system, data, program, or similar (hereinafter referred to as "malicious program") without good cause;

Nevertheless, from October 19, 2016 to July 3, 2017, the Defendant established a music program “H,” “H,” “J,” “K,” “L,” “N,” “O,” “O” and “B,” and “R” by means of a music program “svch server access files,” which function as a key channel,” and “svch server,” “O,” “M,” “O,” “O,” and “B,” and “S,” “O,” and then, if the Defendant was not the operator of the Internet but the operator of the said private server, he/she opened a music program “svch server,” “O,” “O,” “O,” “O,” and “B,” which had a large number of users of the computer website using the online server.

In addition, from May 5, 2014 to July 3, 2017, Defendant distributed malicious programs without justifiable grounds, as described in attached Table 1, from around May 5, 2014 to around July 3, 2017.

2. No person who infringes on an information and communications network shall intrude on the information and communications network without legitimate access authority or beyond the permitted access authority;

Nevertheless, on December 5, 2016, the defendant uses the malicious program in the distribution of the malicious program at the residence located in M204 of Ysan-gu, Jeonju-si.

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