Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., 2018

Violation of the Game Industry Promotion Act

A

Park Jong-il (prosecution), Healking (public trial)

Law Firm B

Attorney C, D

June 20, 2018

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

order the defendant to be put on probation.

Criminal facts

No one shall distribute computer programs, apparatus or device not provided or approved by a game products related business entity for the purpose of interfering with the normal operation of game products or produce them for the purpose of distribution.

Nevertheless, around July 18, 2016, the Defendant advertised that he sells “J”, a malicious program with functions, etc. to automatically control the other party from the “I” game operated by the Defendant on the Internet homepage (G), etc. operated by the Defendant at the Defendant’s residence in Bupyeong-gu Incheon, Bupyeong-gu, and F, and distributed the said “J” after receiving KRW 40,000 from K who reported and contacted the transfer of KRW 40,000 from K to the L bank M account in the name of the Defendant to the above website, etc., and distributed the said “J” to the said website from July 18, 2016 to July 3, 2017, as described in the list of crimes in the separate sheet as above, by selling the said “J” without being provided or approved by the limited company.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police with N (a copy);

1. Details of account transactions;

1. Reference materials related to suspect A;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 46 subparag. 3-2 and 32(1)8 of the Each Game Industry Promotion Act, the choice of imprisonment, and the choice of imprisonment, respectively.

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act (General Considerations favorable to the following)

1. Probation;

Article 62-2 of the Criminal Act

Reasons for sentencing

In full view of the sentencing conditions shown in the trial process of this case, such as the Defendant’s age, character and conduct, family relationship, family environment, motive and means of crime, and circumstances after crime, the punishment as ordered shall be determined.

The circumstances favorable to ○○: The Defendant led to the confession of the instant crime and reflects his mistake. The Defendant has no record of punishment otherwise, except for those punished once by a fine in the past. A limited liability company H deposited KRW 150 million for the purpose of the limited liability company H.

○ Unfavorable Circumstances: The duration of the instant crime is long, and the number of times is considerably high. Accordingly, the Defendant appears to have gained considerable profits.

The acquittal portion

1. Summary of the facts charged

No one shall deliver or spread any program (hereinafter referred to as "malicious program") that may damage, alter, or forge an information and communications system, data, program, etc., or interfere with the operation thereof without justifiable grounds.

Nevertheless, around July 18, 2016, the Defendant advertised that he sells “J”, a malicious program with the function to automatically control the other party from the “I” game operated by the Defendant on the Internet homepage (G), etc. operated by the Defendant at the Defendant’s residence in Bupyeong-gu, Incheon, Bupyeong-gu, and F, and sold or distributed malicious programs without justifiable grounds by receiving a total of KRW 3,612 times in total, 19,230,00,000 from K to the L bank M account in the name of the Defendant, after receiving the transfer of KRW 40,000 from K to the above website in the name of the Defendant, and then, from July 18, 2016 to July 3, 2017.

2. Determination

In full view of the following circumstances admitted by the evidence adopted by the court and examined by the prosecutor, it is not sufficient to recognize the program delivered or circulated by the prosecutor as a program that could damage or alter the information and communications system, data, program, etc. or hinder the operation thereof. There is no other evidence to acknowledge it otherwise.

(a) The program delivered or circulated by the Defendant (hereinafter referred to as the “instant program”) is not a method of altering the domains used by the game user, but a method of analyzing the colors of the game screen so as to recognize and automatically fluencing red water.

B. The instant program cannot be deemed to damage, modify, or forge any data or program of a game because it does not cause any special damage to the domain or game code.

C. Even if the instant program is implemented, it does not directly send special information to the game operation server. However, a user is allowed to use a screen different from the normal screen on the basis of the instant program. This only generates a load to the extent anticipated by the user to cause the game, and thus, cannot be deemed as creating obstacles to the information and communications system.

D. Although the program of this case leads to the game users to have a more easy way to attack the other party, it does not make the game itself to the extent that it is impossible to reverse the game itself, it is difficult to deem that such circumstance interfered with the operation of functions scheduled by the information and communications system.

3. Conclusion

Thus, this part of the facts charged should be pronounced not guilty pursuant to the latter part of Article 325 of the Criminal Procedure Act because it constitutes a case where there is no proof of a crime. However, as long as the court found the defendant guilty of violating each Act on the Promotion of Game Industry in a mutually competitive relationship, it shall not be

Judges Lee Il-soo