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(영문) 부산지방법원 동부지원 2019.07.10 2019고단537
정보통신망이용촉진및정보보호등에관한법률위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

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 damage, destroy, alter, or forge an information and communications system, data, program, etc., or deliver or spread a program that could interfere with its operation,

Nevertheless, from January 2, 2016 to June 4, 2018, the Defendant: (a) revised the process code of the security program to be carried out together at the office of the Defendant located in the Nam-gu Busan, Busan; and (b) distributed a malicious program over 4,910 times in total by the Defendant’s mother G bank account (I) receiving the price of KRW 8,50 to 18,000 for each game money, items, etc., without directly manipulating the character of the said game in a manner that impedes the normal implementation of the game by using the process code of the security program to be carried out together at the time of the implementation of the online “D” game; and (c) distributed the music program to those who are not aware of the name through e-mail, without directly manipulating the character of the said game.

2. From January 2, 2016 to June 4, 2018, the Defendant obstructed the Defendant’s normal operation of the game by means of fraudulent means, such as spreading “E” of the malicious program of D game from the Defendant’s office located in Nam-gu, Busan to the same manner as that of the preceding paragraph, and having the game user implement the program, thereby having the game user (the State) operate the program, thereby having the victim (the State)C newly install the fashion program and security program to control the malicious program.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Statement to J police officers;

1. An investigation report (D's site verification), an investigation report (D'to program E), an investigation report (D'to program E), and an investigation report (D'to program ‘E');

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