The judgment of the court below is reversed.

Defendants are not guilty. The summary of this judgment is publicly announced.

1. Summary of grounds for appeal;

A. Defendant B (i) misunderstanding of legal principles or misunderstanding of facts, and Articles 71 subparag. 9 and 48(2) of the former Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (amended by Act No. 14080, Mar. 22, 2016; hereinafter “Information and Communications Network Act”) refer to a program that damages, destroys, alters, forges, or obstructs the operation of the program itself, such as an information and communications system installed and operated against the user’s will of the information and communications system, etc. installed and operated by the program in question. Of them, the interference in operation refers to a program that interferes with the use of the function of the relevant information and communications system, data, and program, and ② transmission or distribution of the malicious program refers to an act of inserting it into the information and communications system, etc.

However, the programs sold by the Defendants were ① installed at the user’s will to damage, destroy, modify, or forge the user’s data or programs themselves, or not interfere with the operation thereof, and even if the program led to a somewhat increase in traffic between H and other portal site servers, the program interfered with the function of the information and communications system, such as H, even if it was done by the program.

As such, the act of selling a malicious program does not constitute a malicious program under the above provision of the law, and ② the act of selling it does not constitute “delivery or distribution” under the above provision of the law.

See The sentence of the court below's improper sentencing (the penalty amount of KRW 20 million and confiscation) is too unreasonable.

B. The Prosecutor’s sentence (as to all the Defendants, KRW 8 million and confiscation of Defendant A’s fine, KRW 20 million and confiscation) of the lower court is too uneasible and unreasonable.

2. The summary of the facts charged is an information and communications system, data, program, etc. without good cause.