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(영문) 대구지방법원 2017.08.11 2017고단3575
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant spreads a malicious program from his name in the process of distributing it, receiving a request to create a large amount of PC, and accepted it, and then stored the malicious program "C", "D", and "E" created by the defendant after accessing the KCC gate factory server, which notified the non-mpier of the name, without authority, and transmitting the e-mail to an unspecified number of unspecified persons using the automatic transmission program and opening the e-mail in the process of viewing that the users open the e-mail, the above malicious program is downloaded to the user's computer, or advertised the users to download the e-mail program to the user's computer, or receive the e-mail program to the users to download the e-mail program without charge on the user's Internet website, and spread the malicious program to the user's computer so that the e-mail program can be downloaded to the user's computer.

1. No person who intrudes into an information and communications network shall intrude into the network without legitimate access authority or beyond the allowed access authority;

On July 3, 2016, at around 11:12, the Defendant, using a computer used by the Defendant at the Defendant’s dwelling in Daegu Suwon-gu F 104 401 and 401, accessed the factory server of the KCC door-gu corporation located in G in the original city using the computer used by the Defendant, and then, the Defendant, upon entering the ID and password of the factory server known to the said person, entered and intruded the ID and password of the said name, as shown in attached Table 1 of the List of Crimes, as in the attached Table 1, from around July 3, 2016 to July 14:45, 2016, without legitimate authority, infringed upon the information and communications network of the above KCC door-gu factory without access over a total of 151 times.

2. No one who distributes a malicious program shall damage, destroy, alter, or forge an information and communications system, data, program, or similar without any justifiable ground, nor shall convey or distribute a program that is likely to interfere with its operation;

The Defendant is on July 4, 2016, ranked around 01:28.

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