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(영문) 전주지방법원 2018.09.19 2018고단1412
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)등
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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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on Promotion of Utilization of Information and Communications Network and Information Protection, etc. (Violation of Information and Communications Network);

(a) No one who infringes on an information and communications network by a DNA attack shall cause a trouble to the information and communications network with intent to obstruct the stable operation of the network by sending a large amount of signals or data, letting the network process an illegitimate order, etc.;

Nevertheless, around February 22, 2017, the Defendant promised to receive money from D (one year of imprisonment with labor for the same crime committed at Busan District Court on September 13, 2017) at the Defendant’s residence located in Seocho-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City on February 22, 2017, and then sent large amounts of signals or data to the private gambling site (E) according to his instructions, and sent DNA attack [Dos] by means of distributing multiple attacks to service refusal attack, and simultaneously performing attacking service refusal attack. From the point of view of malicious attacking the system to the point of cyber attack preventing its original intended use due to lack of resources for the relevant system, it cannot be used for 30 days during the pertinent cyber attack.”

Accordingly, the Defendant caused a trouble to an information and communications network by sending a large amount of signals or data 36 times as above, or letting the Defendant process an unlawful order.

(b) No person who infringes on an information and communications network for acquiring personal information shall intrude on the information and communications network without legitimate access authority or beyond permitted access authority;

Nevertheless, on June 1, 2017, the defendant is also compelled to analyze the vulnerability in order to bring personal information of the members who joined the Internet site in the above residential area.

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