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(영문) 서울서부지방법원 2015.09.24 2014노1451
컴퓨터등사용사기등
Text

The judgment below

All parts of the defendant A, B, and C shall be reversed.

Defendant

A. In six months of imprisonment, Defendant B.

Reasons

1. Summary of grounds for appeal;

A. As to Defendant A and D (De facto Error, misunderstanding of the legal principle) fraud by use of computers, etc. and interference with the business of interference with computers, etc., Defendant A’s “T” and “U” (hereinafter “Pop-up program in this case”) as a subsequent pop-up program developed by Defendant A through S.

) Kukiki intentionally refers to a temporary file that contains information created when an Internet user connects a specific website. It does not have any operation function to change the value, and if the same site starts up to sunrise due to pop-up business, the phenomenon that covers the cub value of the site created first of the cub of the site (hereinafter referred to as “cubicization”).

The purpose of this case is to solve the problem with the knowledge that the microfr's Internet dyp typeer's Internet dyp typeer's Internet dyp typeer's nature, and Defendant A had to know that the pop type program of this case occurred through cyp typer. Therefore, even if the user's purchase performance is recognized as the result of a cooperative marketing agency, etc. with the subsequent pop type program of this case, it cannot be viewed as having conducted illegal orders in consideration of the above structure. Nevertheless, the judgment below convicting each of the facts charged in this part of the charges is erroneous. 2) Regarding the violation of the Act on Promotion of Information and Communications Network Utilization and Utilization, etc. of Information and Communications Network Utilization and Information Protection (Information and Communications Network Infringement, etc.).

Nevertheless, the judgment of the court below which found the defendant guilty of this part of the facts charged is erroneous.

3 The infringement of information and communication network by prisoners of malicious programs constitutes a means or action to achieve the purpose of fraud, such as computer.

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