온라인게임 계정거래와 정보훼손죄 성립여부

• 영문명: Trade of Online Game Accounts and Mutilation of person s information
• 발행기관: 한국형사판례연구회
• 저자명: 최호진(Choi Hojin)
• 간행물 정보: 『형사판례연구』형사판례연구 제21권, 363~385쪽, 전체 23쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2013.06.30

영문 초록

Online game industry in Korea is growing up. The growth of game industry brings new problem of Item fraud, stealing by hacking other s game account, trade of online game accounts etc. Korea Supreme Court decided that a person who had sold his account of online game to others is not guilty when he changed the password of that account after trading game account. The buyer has illegal rights to access to a game accounts, even though he purchased a game accounts. On the contrary the seller has a rightful to access that account. Game service providers prohibit the account trade at their adhesion contracts. Though accounts trading is prohibited from adhesion contracts of online game, the effect of contract is valid to game user and service provider. The trading is a valid contract to the party concerned and the right to access is moved to the buyer entirely. The information of others in the article 49 in Act on Promotion of Information and Communications Network Utilization and Data Protection, etc. is to be interpreted from the legality to access to the information not to the network of information service. That is not correct that the Seller who made account first in online game changed this password after trading game account, he is not guilty. Rather this is correct that he violates his contract because he blocked the buyer s use of account including change of password, playing games, etc. Buyer has an information proprietary rights about games because he buys game account.

목차

[평석대상 판결] 대법원 2010. 7. 22. 선고 2010도63 판결

Ⅰ. 쟁점의 정리

Ⅱ. 정당한 접근권한과 정보통신망침입죄

Ⅲ. 정보통신망법의 정보훼손죄

Ⅲ. 대상판결에 대한 평석

키워드

온라인게임 게임계정거래 정보통신망 해킹 정당한 접근권한 정보훼손 계정양도 이용약관 Online Game Trade of Online Game Accounts information and communications network Hacking a rightful authority for access mutilation of person s information MMORPG Adhesion Contracts