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(영문) 광주지방법원 목포지원 2017.07.14 2017고단475
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)
Text

A defendant shall be punished by imprisonment for not more than ten months.

46,315,00 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

No one shall transmit or distribute any program that is likely to damage, destroy, alter, forge, or interfere with operation of an information and communications system, data, program, etc. without a justifiable ground.

Nevertheless, the Defendant received a proposal from E to deliver half of the profits acquired by using the game as a user fee, and consented to the proposal, in collusion with the name influor [F] and deliver the program received from the name influor [F] in collusion with the name influor, and obtained the fee by dividing the name influor and 50% from the name influor.

around December 2, 2015, the Defendant: (a) deposited KRW 62,631,00 from around December 2, 2015 to July 4, 2016 to deposited KRW 62,631,00 in the Defendant’s name bank account (H) and the National Bank account (I) for the program use fee; and (b) received KRW 30,000,000 in total from around the date to July 31, 200 to receive KRW 30,00 in cash on the date, and received KRW 30,000,00 in cash from around the date to July 4, 2016.

Accordingly, the defendant, in collusion with the above-mentioned person, distributed an interview program, which is a malicious program, in the above manner.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols concerning the examination of the police officers 1 and 3 times against E;

1. Domestic History Report (E and A’s transaction details), investigation report (abundance, interview, or hacking program photo) and investigation report (abundance within doubtfuls);

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