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(영문) 서울중앙지방법원 2010.02.05 2008고단6203
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등) 등
Text

Defendant

A, C, and D shall be sentenced to one year of imprisonment, eight months of imprisonment, Defendant H and I shall be sentenced to a fine of 5,00,000 won, respectively.

Reasons

Punishment of the crime

1. Defendant A is the representative of ZA, the Internet fireworks Delivery Company, and Defendant B is the representative of AA, the Internet Advertising Agency, and Defendant D is the representative of AB (hereinafter referred to as “AB”), the Internet Advertising Agency, and Defendant C is the new technology business department of AB, and Defendant H and I are the computer program producers.

2. Crimes related to spreading malicious programs;

A. Defendants D, C, H, and I as the representatives of (ju) AB and paid KRW 7 million to Defendant H and I, a program producer, around May 2007. Defendant H and Defendant I, as the head of the New Technology Project Department. Defendant D, as the result of the search of specific search terms on the screen without user awareness during the operation of the computer, requested the production of a malicious program called “ex eb. ex-e”, which performs the function of visiting specific URL in turn, and Defendant H and Defendant I, with the knowledge that the above malicious program was illegally distributed to another’s computer from around 007 to October 2007, 200, Defendant D produced the above malicious program’s “ex eb.e., free of charge,” which is an “ex eb.e., the user’s order of search and operation,” which is an “ex eb.e., free of charge,” and Defendant D’s installation of the above program on the given website.

Accordingly, Defendant D, Defendant H, Defendant I, and Defendant C conspired with each other and are justifiable.

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