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(영문) 서울중앙지방법원 2018.10.11 2018고단3638
정보통신망이용촉진및정보보호등에관한법률위반방조등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Of the facts charged in the instant case, it constitutes a violation of credit card information.

Reasons

Punishment of the crime

B(C), D(E) and nameless boxes provided a server used for hacking after spreading malicious programs to information processing devices, such as ATM devices, and reducing information on a credit card (name, resident registration number, password, credit card number, etc.) of the citizen of the Republic of Korea, and then withdrawing cash by forging a credit card through hacking.

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

Nevertheless, from the end of February 2017 to March 2, 2017, the Defendant issued the G server (H) signed around February 28, 2017 and the G server (I) opened around March 2, 2017 in the name of the branch in order to make it easy for the Defendant to know that he/she attempted to hacking the information processing system.

On the other hand, the above person who was not injured in name shall be from February 28, 2017 to the same year.

3. Using the above G server (H) delivered by the Defendant at an irregular place until October 20, using the said G server (H), published a malicious program by entering into another person’s information and communications network 14 times in total as shown in attached Table (1), which is a malicious program that takes credit card information by intrusion into 13 devices, LFP server 1, such as the K Bank ATM cash withdrawal machine established and operated in the middle-gu Seoul Central Bank, Jung-gu, Seoul, Seoul, and taking advantage of a malicious program, java.ex, and java e, “java.ex”.

Accordingly, the Defendant, as seen above, destroyed, destroyed, altered, or forged an information and communications system, data, program, etc. or who could interfere with its operation, made it easy for the Defendant to know that he distributed malicious programs that may interfere with its operation.

b)a summary of the evidence;

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