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| TITLE | Supreme Court Decision 2010Do14607 Decided March 28, 2013【Fraud by Use of Computers, etc.ㆍViolation of the Act on Promotion of Information and Communication Network Utilization and Information Protection (Intrusion of Information and Communication Network, etc.)ㆍCrime of Interference with Business by Damaging Computers, etc.】 [full Text] |
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[1] In a case where Defendant (Gap corporation CEO) was indicted on charges of violating the former Act on Promotion of Information and Communication Network Utilization and Information Protection by intruding the information and communication network of computer users by inducing them to mandatorily download a certain program containing a malicious program when they download a free program from Gap corporation’s website, the case affirming the judgment below convicting Defendant on the ground that the installment of the malicious program enabled Defendant’s intrusion into the network of afflicted computers’ users [2] The meaning of “an impairment which interferes with the stable operation of an information and communication network” and “illegitimate order” under Article 48(3) and Article 71 subparagraph 5 of the former Act on Promotion of Information and Communication Network Utilization and Information Protection [3] In a case where the processing of false information resulted in a set of untruthful information from the subjective perspective of the information and communications network’s manager and/or user, yet where the information was a type expected to be processed by the network on a routine basis and the said process neither prevents the physical execution of functions of collecting, processing, preserving, searching, sending or receiving information, nor hinders the execution of such functions, whether the act in question can be punished as a violation of the former Act on Promotion of Information and Communication Network Utilization and Information Protection by impairing an information and communications network (negative) [4] In a case where Defendant (Gap corporation CEO) was indicted on charges of violating the former Act on Promotion of Information and Communication Network Utilization and Information Protection by impairing information and communications network through the malicious program installed on users’ computers, which automatically downloaded its list of tasks from Gap corporation’s server computers, then followed the instructions on the task list by entering specified search terms on the Naver search bar, and then by clicking the specified business website from the search results, thereby generating “related search terms” or “auto-complete words,” and raised the relevant website’s ranking, the case holding that the judgment below convicting Defendant was erroneous for misapprehending legal principles [5] In a case where Defendant (Gap corporation CEO) was indicted on charges of interfering with business by damaging computers, etc., by impairing information processing by way of sending false signals to an Internet search engine’s system server as if the users of afflicted computers have searched with certain search terms or clicked relevant sponsor links from search results, when in fact they never did, the case affirming the judgment below convicting Defendant |
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