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(영문) 서울중앙지방법원 2015.12.16 2015고단6012
정보통신기반보호법위반등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

7,018,600 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On July 13, 201, the Defendant was issued a summary order to impose a fine of four million won on a person engaged in agriculture after returning to the Republic of Korea. On August 31, 2007, the Defendant left the Republic of Korea with the Philippines on August 31, 2007 and used separate names, such as “G” and “H,” and participated in the instant crime. After the instant investigation, the Defendant was staying in the Republic of Korea on January 21, 201 while staying in the Republic of Korea for the purpose of escaping criminal punishment.

1. On March 2008, the Defendant, in violation of the Act on the Protection of Information and Communications Infrastructure and Information and Communications Network Utilization and Information Protection, etc. (Violation of Information and Communications Network Utilization and Information Network Utilization and Information Protection Act, etc.) produced and distributed malicious programs together with 1, J, K, and L, and recruited DooS attack (hereinafter “an attack against rejection of decentralization”) to lead to a serious performance degradation of the network by sending large amounts of signals or data to a specific website.

No one shall destroy, destroy, alter, or forge an information and communications system, data, program, or similar without any justifiable ground, nor shall convey or spread a program that is likely to interrupt operation of such system, data, program, or similar (hereinafter referred to as "malicious program").

Nevertheless, the Defendant conspiredd with I, J, K, and L as above, and I directed K to establish an attack program against distribution refusal through J at its own office located on the 20th floor of the Philippines, Macon also on March 2008.

K around that time provided L with necessary funds by requesting L to produce malicious programs necessary for the attack of distribution service refusal at his own residence located in Nam-gu, Nam-gu, Gwangju.

L refers to the data posted on the computer program development site of "O", L sent large amounts of signals or data to a specific Internet site and causes serious performance degradation of the network and system paralysis.

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