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(영문) 수원지방법원 성남지원 2020.05.12 2020고단329
정보통신망이용촉진및정보보호등에관한법률위반등
Text

A defendant shall be punished by imprisonment for 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

The Defendant: “B” developed and rendered normal services by “C” in the way of injecting a code that carries out an illegal order with the data provided by the online Scing Game called “C” (SP’s location, distance, firearms, and physical movement information, etc. that cannot be seen in a normal environment) in the form of inserting such code that is provided by other users to become the last one in order to utilize boarding goods, weapons, etc. in the isolated area of up to 100 persons; and “ESP” function (the function of expressing on the screen the location, distance, firearms, and physical movement information, etc. of other displays that cannot be seen in the normal environment); and “Ambot function (the function of which is very high in the likelihood of lowering to be less than the normal game users) to spread a malicious program (Nuclear program) that can be used for more favorable to the normal game users.

1. No person who violates the Act on Promotion of Utilization of Information and Communications Network and Information Protection, etc. shall damage, destroy, alter, or forge an information and communications system, data, program, etc., or convey or distribute a program that is likely to interfere with operation thereof without any justifiable ground;

Nevertheless, around May 23, 2019, the Defendant sold and distributed nuclear programs in total amounting to KRW 20,435,300 in total 437 times from January 2, 2019 to August 23, 2019, including selling nuclear programs by way of transmitting a nuclear program file and a code number capable of implementing a nuclear program after receiving KRW 10,00 from an enterprise bank account (G) in the name of the Defendant in the name of the Defendant, and from January 2 to August 23, 2019.

Accordingly, the Defendant damages, destroys, alters, forges, or operates the information and communications system, data, program, etc. of “C” game operated by “B” corporation.

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