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(영문) 서울남부지방법원 2013.03.21 2012노1876
컴퓨터등사용사기등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (fact-finding) only produced and provided the G Macker Program itself to E upon receiving a request from E to create the “G Macker Program,” and E distributed “Madler”, which is a malicious code treatment program, using the G Macker Program. As such, there was no fact that the Defendants conspired with E and spread a malicious program on a large number of computers, such as the instant facts charged.

In addition, there is no fact that the Defendants either conspiredd or participated in the acquisition of money from the market using the “heat” program, E, which is called the “heat service program.”

Nevertheless, the court below found the Defendants guilty of all the charges of this case, and there is an error of law by misunderstanding the facts and affecting the conclusion of the judgment.

2. We examine the following facts and circumstances acknowledged by the evidence duly adopted and examined by the court below. ① First, in the process of spreading “Sace system”, “Ace Security”, “Sace Research Institute”, “Sacer”, “Sacer”, which is a unit service program, on the computer users’ computer, through the Fluty website, which is one of its operation, the following facts and circumstances acknowledged by the court below, the court below posted a large number of pictures (e.g., “Sacer post, etc.”), which cause the user’s reputation on the Flus/gallon bulletin board of the Flus site, and when users access bulletin boards, the court below led the user to install “Gr” program using only “Grrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr, which

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