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(영문) 춘천지방법원 강릉지원 2018.11.09 2018고단795
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to one year of imprisonment with prison labor and two years of suspended execution on July 14, 2018 at the Gangnam Branch of the Chuncheon District Court on July 6, 2018, and is still under suspended execution.

[2] The Defendant promised to create and transmit a malicious program to C who sells a malicious program (a program that may damage, destroy, alter, forge, or interfere with the operation of an information and communications system, data, program, etc.) on the Internet and receive part of the sales proceeds.

1. No person who violates the Act on the Promotion of the Game Industry shall commit an act hindering the normal operation of game products by distributing computer programs, apparatus or device not provided or approved by a game product-related business entity, or producing them for their distribution purposes;

Nevertheless, on November 2017, the Defendant produced “HNCHT” which is a computer program capable of performing functions, such as “defluence (Automatic body function),” “defluence (Automatic head function)”, “defluence (Automatic head function)”, and “defluence (fluence function at the time of broadcast broadcast)” at the Defendant’s residence located in the East Sea, which was operated by the Victim Nexson Korea, in relation to “hNCHT” and “HNET” which was not provided or approved by the victim at the above location on February 2018.

As a result, the defendant distributes or distributes malicious programs that are not provided or approved by the victim for the purpose of hindering the normal operation of game products.

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