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A defendant shall be punished by imprisonment for one year.
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
No one shall, without justifiable grounds, destroy, alter, or forge an information and communications system, data, program, or similar, nor shall convey or spread a program that is likely to interrupt the operation thereof (hereinafter referred to as "malicious program"), and distribute computer programs, apparatus, or device not provided or approved by a game products related business entity for the purpose of interfering with the normal operation of game products, or produce it for the purpose of distribution.
Nevertheless, the Defendant: (a) purchased the C’C’s C’s “B” game software (the game code installed in the PC by a game user distributed by the B Co., Ltd.); (b) intended to spread or distribute a malicious program (the so-called “nuclear program”) that allows the game to use items and other necessary matters (the so-called “ESP”) in the course of the game by changing it to a code with which an unlawful order was issued; and (c) automatically helps other users use the function of assisting the other party (the so-called “so-called “so-called one-called”), and its certification code, thereby enabling the game to play a more favorable game than other users running the game in the state of normal operation.
Accordingly, at around 00:31 on September 1, 2018, the Defendant received KRW 12,000 from E to F account (G) in the name of the Defendant, and sold the said malicious program and certification code. From that time to November 15, 2018, the Defendant received a total of KRW 3,502 times in total, as shown in the separate crime list, and sold the said malicious program.
As a result, the Defendant distributed a computer program that was not provided or approved by a game products related business entity for the purpose of hindering the normal operation of game products to many and unspecified persons at the same time.