Question

If a person transmits false click information to the statistical aggregation system server of a portal site operator, and the information is reflected in the process of determining search rankings, what crime can the person who committed such an act be punished for?

Attorney's Answer

In order for the crime of interference with business by causing computer-related obstacles under Article 314(2) of the Criminal Act to be established, an actual obstacle to information processing must have occurred as a result of the perpetrator's act, such as the information processing device being unable to perform functions consistent with its intended purpose or performing functions different from its intended purpose. However, once a risk of causing the result of interference with business arises by causing an obstacle to information processing, the crime is established even if the actual result of interference with business does not occur.

Therefore, if false click information is transmitted to the statistical aggregation system server of a portal site operator, and the false click information transmitted as described above is actually reflected in the statistics during the search-ranking determination process, thereby causing an actual obstacle to information processing, the crime of interference with business by causing computer-related obstacles is established even if the conduct does not actually result in a change in the search rankings (Supreme Court Decision, April 9, 2009, Case No. 2008Do11978).

1. Definition of the Crime of Interference with Computer-Related Business

The crime of interference with computer-related business is established when a person damages a computer or other information processing device, or an electronic record or other special media record; inputs false information or an improper command into an information processing device; or otherwise causes an obstacle to information processing, thereby interfering with another person's business.

A person who commits this crime is subject to imprisonment for not more than five years or a fine of not more than KRW 15 million.

2. What Conditions Must Be Satisfied for the Crime of Interference with Computer-Related Business to Be Established?

2.1. Object of the Crime

2.1.1. It must constitute a computer or other information processing device.

The device must independently possess the ability to process information, such as storing, searching, controlling, and making judgments regarding information. Therefore, microprocessors that are components of vending machines, portable calculators, electronic organizers, and similar devices do not fall within this category. According to case law, the courts regard both hardware and software as being included (Supreme Court Decision, July 8, 2004, Case No. 2002Do631).

2.1.2. Alternatively, it must constitute an electronic record or other special media record.

A special media record generally refers to a record used for information processing by an information processing device and includes electronic records and optical records.

Examples: semiconductor memory integrated circuits, RAM, ROM, magnetic disks, magnetic drums, etc.

2.2. The object of the crime must be damaged, false information or an improper command must be input into an information processing device, or an obstacle to information processing must otherwise be caused.

2.2.1. Damage

“Damage” includes physically damaging something, as well as deleting the contents of a record (physical interference).

2.2.2. Input of False Information or an Improper Command

This refers to inputting information that is contrary to the truth or information that should not be provided in the course of business processing (logical interference).

2.2.3. Other Methods

This refers to any act, other than the methods described above, that directly or indirectly affects the operation of a computer.

2.3. An obstacle to information processing must be caused, thereby interfering with another person's business.

Causing an obstacle to information processing means impairing the normal functioning of a computer so that it cannot properly operate in accordance with its intended purpose. Such an obstacle to information processing must actually occur.

For example, merely failing to provide a computer password does not constitute interference with business because it does not affect the operation of the information processing device in such a way as to prevent it from performing its functions in accordance with its intended purpose.

In general, the crime is established when a state arises that creates a risk of interfering with business, and an actual result of interference with business is not required.

As in the case introduced at the beginning of this article, if the false click information transmitted is actually reflected in the statistics, thereby causing an actual obstacle to information processing, the crime of interference with computer-related business is established even if it does not actually result in a change in the search rankings.

Please consult with our attorneys at Hwaum Law Firm to determine whether your case constitutes an offense of interference with business.