Text
Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.
Reasons
Punishment of the crime
No one shall cause a trouble to an information and communications network with intent to interfere with stable operation of the information and communications network by sending a large amount of signals or data, letting the network process an illegitimate order, etc.
Nevertheless, on August 9, 2016, at the Defendant’s residence located in Daegu-gu Office B, the Defendant requested that the “D” website “D” be attacked against C, which was known through the Internet for one hour, for a period of one hour. At the same time, the Defendant: (a) sent large amount of data to a specific server at one-time to cause interference with the service; (b) sent KRW 130,000 to the new bank account (E) in the name of the said C; and (c) intended to have the said C interfered with the information and communications network.
Thus, from August 9, 2016 to August 18:46, 2016, C temporarily provided services by carrying out a DNA attack on the above site at the Gwanak-gu Seoul Special Metropolitan City F, which is its dwelling place, from August 9, 2016 to August 9, 2016.
Accordingly, the defendant instigated the above C to cause trouble to the information and communications network.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the suspect against the defendant (including the Stockholm content);
1. Copy of protocol concerning the examination of suspect C by the police; and
1. A report on internal investigation (e.g., f., g., g., g., g., g., g., g., g., g., g. g., g., g
1. Article 71 Subparag. 10 of the Act on Promotion of the Use of Information and Communications Network and Information Protection, etc., Article 48 (3) of the same Act, Article 31 (1) of the Criminal Act, and selection of fines concerning facts constituting an offense;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;