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.

[평석대상 판결] 대법원 2010. 7. 22. 선고 2010도63 판결
  1. 사실관계
  2. 판결요지
 [평 석]
  Ⅰ. 쟁점의 정리
  Ⅱ. 정당한 접근권한과 정보통신망침입죄
   1. 해킹과 정보통신망침입죄
   2. 정당한 접근권한과 침입
   3. 양도된 게임계정에 접속한 경우
  Ⅲ. 정보통신망법의 정보훼손죄
   1. 정보와 비밀의 개념 차이
   2. 정보와 비밀의 귀속주체
   3. 계정명의인이 양수인에게 양도한 게임계정에 접근하여 비밀번호를 변경한 경우
  VI. 대상판결에 대한 평석
   1. 온라인프로그램이용권의 법적 성질
   2. 계정양도에 대한 법적 성격
   3. 보론 - 사기죄의 성립가능성
 [참고문헌]
 [Abstract]

• 최호진(법학박사, 단국대학교 법학과 교수) | Choi, Hojin