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(영문) 대구지방법원 서부지원 2019.07.25 2018고정650
정보통신망이용촉진및정보보호등에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. No person who violates the Act on Promotion, etc. of Information and Communications Network Utilization and Protection, etc. shall destroy, destroy, alter, or forge an information and communications system, data, program, etc., or distribute or spread a program that is likely to interfere with the operation thereof (hereinafter referred to as "malicious program");

Nevertheless, around January 6, 2017, the Defendant posted a letter on the Internet homepage (B), etc. operated by the Defendant that artificially transmits excessive data to another’s computer, thereby selling a DNA attack program, such as “seama” and “V8” that causes interference with the Internet, and then received KRW 100,000 from the contact C and sold the said program from January 6, 2018, and then distributed a malicious program by selling the said program by receiving the total of KRW 1,00,000,000 in total eight times in the manner described in the attached list of crimes (1) from January 6, 2018.

2. No one who violates the Act on Promotion, etc. of Information and Communications Network Utilization and Protection (violation, etc. of Information and Communications Network) shall cause a trouble to an information and communications network by sending a large amount of signals or data for the purpose of hindering the stable operation of the information and communications network,

Nevertheless, the Defendant posted a Messen or the Internet homepage (E) operated by the Defendant, etc., stating that he sells a DNA attack program or hacking program, such as the aforementioned Messenssen or the Messen or the Defendant’s Internet homepage (E), and reported it to the effect that the buyers, using the said program, knew that it would cause trouble to the information and communications network by sending large amounts of signals or data for the purpose of hindering the stable operation of the information and communications network, or by forcing the buyers to process illegal orders.

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