A defendant shall be punished by imprisonment for a term of two years and suspension of qualifications for the defendant.

Seized evidence Nos. 1, 2, 3, 4 and 6 shall be confiscated.

Punishment of the crime

On May 1, 2011, the Defendant is a Chinese national (a man) who entered the Republic of Korea with a visiting employment visa (H-2) around May 1, 201, and is a franchise to develop a smartphone app program professionally.

1. The Defendant violated the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (hereinafter “Information and Communications Network Utilization Promotion and Information Protection, etc.”) developed a music app (E, F, G, H, I, J, K, K, M, M, P, P, Q, R, S, T, T, U, V, W, X, and Y) of music app, including music app D, which includes a function in which all text messages (Sms) received by the user of smartphones are deleted from smartphones and sent to the text-collection management server designated by the Defendant.

From April 28, 2013 to April 30, 2013, the Defendant conspired with China, “Z” from April 28, 2013 to April 30, 2013, and published a mobile phone text message including a link connected to the users of a large number of unspecified smartphones (IP AB and the United States) developed by the Defendant from April 28, 2013 to April 30, 2013. After confirming text messages, the Defendant distributed approximately 1,382 musical app “D” in a manner that the Defendant developed by downloaded with musical app (D).

B. From May 24, 2013 to July 9, 2013, the Defendant in collusion with Z from May 24, 2013 to July 9, 2013, sent text messages (hereinafter “low-to-end marriage type text messages”) that attracts users of a large number of unspecified smartphones to install a malicious app in collusion with Z from May 24, 2013 to July 9, 2013, including E, from the Defendant’s residence, etc., and 21 musical apps, such as E, developed by the Defendant, to the distribution server (IPC and Japan).