인터넷 검색광고와 형사책임-대법원 2013. 3. 28. 선고 2010도14607 판결을 중심으로-

초록

This study is focused on Click Fraud or Abusing in online advertisement by search engine which service as named by Google, Naver, etc,. In this search-based online advertising market, there are many criminal behaviors to threaten online advertising service itself or cause serious economic losses. In Korea Supreme Court decided Click Fraud as guilty under Article 314 ② of the Criminal Act but Abusing as innocence. And the program inducing click fraud is regarded as malicious program, but not in abusing. I think this court judgement is ambiguous and can’t catch up with internet technology development. In this study, I conclude there are some problems to require further examination. First, we should reexamine the definition of malicious program in the Act on Promotion of Information and Communications Network Utilization and Information Protection, ETC. Second, the clause of attempted crime in the behaviors of interference with Business by Computer or interference with stable operation fo the information and communications network is considered. Lastly, I am not sure that the act of committing a crime by program which is automatically run is responsible or not as criminal behavior in interpretation of the law. I analyzed some judgements of court about click fraud and abusing in online advertisement by search engine in this study. There are not many research about this issue in the academic world of criminal law yet. I would like to suggest that it is necessary to deal with click fraud and abusing by criminal approach and to provide an institutional strategy in online advertising market.

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