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(영문) 서울중앙지방법원 2017.01.19 2016고단7718
컴퓨터등장애업무방해
Text

1. The defendant shall be punished by a fine of five million won;

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

Reasons

Punishment of the crime

The Defendant was in charge of the development, maintenance, and repair of the case in the Victim D Co., Ltd. (Representative Director: E) and corrected ex officio as facts found based on the evidence duly adopted and investigated by this court to the extent that it does not interfere with the Defendant’s defense right.

The above D Co., Ltd. is a company that develops language applications related to language learning and religious literature.

Since November 2015, the Defendant had discussed whether or not the representative director E and the retirement time, method, etc. from the above E on February 7, 2016, and received a notification immediately requesting the company from the above E on February 7, 2016, the Defendant was willing to arbitrarily change the password of the old text account used by the company for business in order to request the settlement of the amount contributed to the growth of the company and to arrange favorable status in the negotiation process.

On February 15:17, 2016, the Defendant: (a) arbitrarily changed the password of the old language developer’s account (H and I), which manages “G” learning scenarios and religious literature reading applications in the victim company; and (b) thereby making it impossible for the victim company to perform normal duties, such as posting new fishing methods; (c) maintaining, repairing, and managing existing fishing methods; (d) inserting or changing advertising codes; and (e) communication with the customer, such as the contact with the victim.

Accordingly, the defendant interfered with the business of the victim company by inputting an improper order into a computer or any other information processing device.

Summary of Evidence

1. Statement made by the police for E;

1. Part concerning the statement in E in the suspect interrogation protocol against the defendant by the prosecution

1. Details of change of the password of the Gu Character Account, e-mail, and proof of the contents thereof;

1. Application of the Act on the Medition of the Account of this case

1. Criminal facts;

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