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(영문) 광주지방법원 목포지원 2017.06.22 2017고단461
정보통신망이용촉진및정보보호등에관한법률위반등
Text

Defendant

A Imprisonment for eight months, Defendant B shall be punished by a fine of 2,00,000 won, and Defendant C shall be punished by a fine of 5,00,000 won.

Reasons

Punishment of the crime

1. No person who violates the Act on Promotion of the Use of Information and Communications Network and Information Protection, etc. of Defendant A shall destroy, destroy, alter, or forge an information and communications system, data, program, etc., or deliver or spread a program that may interfere with the operation thereof (hereinafter referred to as “malicious program”) without justifiable grounds;

Nevertheless, from November 2014 to March 2015, the Defendant, along with E, sold out a malicious program (hereinafter referred to as the “compicing program”) that can see the other party’s computer screen at a “G private teaching institute, H, and I’s large number of names, and made it possible for the Defendant to intrude into an information and communications network used by an unspecified number of users.

As a result, Defendant A included a malicious program in collusion with E.

2. No person who violates the Act on Promotion of Utilization of Information and Communications Network and Protection, etc. of Information and Communications Network (infringement, etc. of Information and Communications Network) shall intrude into an information and communications network without legitimate access authority

The Defendants conspired with E to acquire, exchange, and gain profits from, a game machine by viewing the screen of an unspecified number of users through a program to view the other party’s computer screen (hereinafter “ beauty program”) along with E. The Defendants offered to sell and exchange the game machine in another computer. Defendant A and E leased a place, and Defendant B and Defendant C employed Defendant B and Defendant C with approximately seven computer lines as a player (on-line gambling actor) with a word “on-line gambling” (on-line gambling actor), and had Dongs operate the referring to a word “learning place of business” to punish fraud using the above beauty program.

The Defendants, along with E, at the “G” private teaching institute located in Sinpo City F from October 16, 2014 to January 22, 2015, Defendant A and E, in accordance with the foregoing conspiracy, opened and operate an interview site, and Defendant B, from October 16, 2014 to October 21, 2015.

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