All appeals are dismissed.

The grounds of appeal are examined.

1. As to the Prosecutor’s Grounds of Appeal

A. 1) Of the facts charged of the instant case, the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (hereinafter “Information and Communications Network Act”).

The summary of the part of the violation is as follows: (a) the Defendant’s “C” and other one-person hosting game (hereinafter “instant game”).

(2) The program with the function of automatically controlling the Bans generated in the course of launching weapons (hereinafter “instant program”) to enable the other party to keep it clear (hereinafter “instant program”).

(2) The lower court determined that the instant program does not constitute a “malicious program” that could interfere with the operation of an information and communications system, etc. under Article 48(2) of the Information and Communications Network Act by manufacturing and selling information and communications products, and upheld the first instance judgment that acquitted the Defendant on this part of the facts charged on the ground that there was no proof of crime.

B. Article 48(2) of the Information and Communications Network Act provides that “No one shall destroy, destroy, alter, or forge an information and communications system, data, program, etc., or deliver or spread a malicious program (hereinafter “malicious program”) that may interfere with its operation without justifiable grounds.” Article 70-2 of the same Act provides that “a person who delivers or distributes a malicious program in violation of Article 48(2) shall be punished by imprisonment with prison labor for not more than seven years or by a fine not exceeding 70 million won.” (2) A person who commits a violation of Article 70-2 or 48(2) of the Information and Communications Network Act shall deliver or spread a malicious program in consideration of the impact of the malicious program on the information and communications system, data, program, etc. (hereinafter “information and communications system, etc.”).