인터넷 검색광고의 부정클릭과 부정한 명령입력

• 영문명: ClickfraudintheInternetsearchadvertisingand lettingthenetworkprocessanillegitimateorder
• 발행기관: 한국형사판례연구회
• 저자명: 최호진(Choi, Hojin)
• 간행물 정보: 『형사판례연구』형사판례연구 제23권, 431~455쪽, 전체 25쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2015.06.30

영문 초록

In this paper, I undertake the study of click fraud by Cases Analysis and Law Analysis. Click fraud is a type of fraud that occurs on the Internet search advertising in pay-per-click (PPC) when a person, automated script or computer program imitates a legitimate user of a web browser clicking on an ad. PPC advertising is an arrangement in which operators of websites display links from advertisers in exchange for a charge per click. Competitors of advertisers may wish to harm a competitor who advertises in the same market by clicking on their ads. Click-fraud perpetrators essentially pile up and burn their competitors’ marketing budgets in the one place they can attack them. The perpetrators do not profit directly but force the advertiser to pay for irrelevant clicks, thus weakening or eliminating a source of competition. Using a computer to commit click fraud is a felony. According to the Act on promotion of information and communications network utilization and information protection, etc in Korea, No one shall cause a trouble to an information and communications network purposely to interfere with stable operation of the information and communications network by sending a large amount of signals or data, letting the network process an illegitimate order, etc. Also according to the criminal act, Any person who interferes with another person’s business by damaging or destroying any data processor, such as computer, or special media records, such as electromagnetic records, or inputting false information or improper order into the data processor, or making any impediment in processing any data by other way, shall also be subject to the same punishment as referred to in paragraph. In this paper, I have described the concept; ‘letting the network process an illegitimate order’ and inputting false information or improper order.

목차

[대상판결] 대법원 2013.03.28. 선고 2010도14607 판결

Ⅰ. 서설

Ⅱ. 인터넷검색광고에서의 부정클릭

Ⅲ. 정보통신망법위반 여부

Ⅳ. 형법의 컴퓨터등장애업무방해죄 성립여부

Ⅴ. 평석

키워드

인터넷광고 부정클릭 컴퓨터업무방해죄 정보통신망장애죄 부정한 명령 허위정보 입력 Click fraud the Internet search advertising interfere with stable operation of the information and communications network letting the network process an illegitimate order inputting false information improper order