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(영문) 서울서부지방법원 2013.06.14 2013고단1031
정보통신망이용촉진및정보보호등에관한법률위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence subparagraph 1 shall be forfeited from the accused.

Reasons

Punishment of the crime

1. No one shall damage, destroy, alter, or forge an information and communications system, data, program, etc., or convey or spread a program that may interfere with operation thereof without good cause;

Nevertheless, the Defendant: (a) distributed malicious programs (hereinafter “C”) that allow the other party to see the other party’s plaque by hindering technical operational measures that could prevent the other party from seeing the other party’s plaque in the Internet game; (b) provided a list of computers in which the above malicious programs are installed to D and E; and (c) provided D and E with access to the games in which the above malicious programs are implemented on the computers in which the above malicious programs are implemented; and (d) provided access to the games in which the name was unknown on the computers in which the above malicious programs are implemented, by viewing the other party’s plaque, the Defendant would have taken the same position as the virtual game room in which the name was unknown and conspired with D and E to acquire the game money by using the game.

On February 17, 2012, the Defendant established the aforementioned “C” program at FPCs located in Gwangju Metropolitan City, and installed the said “C” program at two computers, as shown in the list of crimes attached hereto, from around that time to March 30, 2013, as well as from around 29 to around March 30, 2013, and remitted to the Defendant in return for the provision of the list and list of the above program the amount of KRW 59,50,00,000,000,000,000 from around that time, to around March 30, 2013.

In collusion with D and E, the Defendant distributed malicious programs that could interfere with the operation of information and communication systems, data or programs.

2. A person who occupies a malicious program delivery shall operate an information and communications system, data, or a network without good cause;

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