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(영문) 서울중앙지방법원 2018.09.05 2018고단2083
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)
Text

1. Defendant A, B, E, and F shall be punished by imprisonment with prison labor for eight months, Defendant G, H, I, J, K, K, L, M, N, P, Q, Q, R, T, U, and V.

Reasons

Punishment of the crime

Defendant

E On April 26, 2017, the Jeonju District Court sentenced him/her to a suspended sentence of one year for a violation of the Electronic Financial Transactions Act, which became final and conclusive on May 5, 2017.

1. No person who is liable to damage, alter, or forge an information and communications system, data, program, etc., or to interfere with operation thereof without a justifiable ground, shall convey or distribute a program that is likely to damage, alter, or forge

The Defendant served as an employee of the pce controlled entity in Yongsan-gu Seoul Metropolitan Government from April 201 to October 2016.

On October 2015, the Defendant received a certain monthly price from Y around the above X office. On the Internet game site, the Defendant distributed a malicious program that enables recognition of the other party’s plaque to PC when he/she performed the game, such as a computer in the Z, and then distributed the USB, which contains a malicious program, to X “X” and the above company’s server, to the PC computer server, which is managed by the above company’s “AB”, in which he/she shares the above company’s server.

Accordingly, in collusion with Y, the Defendant spreaded a program that could interfere with the operation of an information and communications system, data, program, etc. without any justifiable reason. From that time to May 16, 2016, the Defendant included a malicious program from Y 11 times, such as the list 3 of the crimes committed in attached Table 11, and distributed the above malicious program to the PC server, such as the ACPC room managed in the “AB” sharing the server, and the ACPC room managed in the “AB” sharing the server.

2. No person who is liable to damage, alter, or forge an information and communications system, data, program, etc. or to interfere with operation thereof shall transmit or spread a program without good cause.

The defendant.

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