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The Lutsk City and District Court of the Volyn region fined a software engineer of West Petrol Market LLC. We tell you the details.
According to the case file, on May 28, 2023 at 23:30, being aware of the types of software, the principles of operation of malicious software and the consequences of their use, the prohibition of the distribution of malicious software, realizing the illegal nature of their actions and criminal penalties for committing crimes in the field of the use of electronic computers (computers), systems and computer networks and telecommunication networks, uploaded a program script written in the Python programming language called "main.ru", which is a malicious software tool, since it is used to purposefully affect information systems. He also uses the Python utility, which runs the program script "main.ru", after which he began to store it on his own personal computer.
So, on May 15, 2024, during a search at the place of residence, law enforcement officers seized the programmer's laptop, in the "Download" folder they found a directory in which a program script written in the Python programming language called "main.ru" and the Python utility were stored.
As a result of the analysis of the information content and properties of the file "main.ru" during the forensic computer and technical examination, it was established that with the help of the file "main.ru", after its launch using the Python utility and after entering a certain mobile phone number and the number of actions, systematic sending of SMS messages is carried out. With a systematic receipt of a large number of messages, the influence of the file "main.ru" from the folder "smsbomber-main", the use of standard functions (receiving calls, SMS messages, using a web browser) is very difficult.
Thus, the man, by his deliberate actions, which were expressed in the creation for the purpose of illegal use of malicious software intended for unauthorized interference in the operation of information (automated) systems, committed a criminal offense - the creation for the purpose of use, distribution or sale of malicious software or hardware, as well as their distribution or sale.
Interrogated in the court session, the accused programmer pleaded guilty to the criminal offense incriminated to him in full and, without denying the factual circumstances, testified to the court that he had downloaded a program script written in the Python programming language called "main.ru", and with its help carried out a targeted impact on information (automated) systems, as well as the Python utility, with the help of which the program script "main.ru" is launched. After that, I began to store it on my own personal computer.
He sincerely repented of what he had done, asked not to punish him severely, since he was fully aware of the illegality of his actions, and in the future he undertook to adhere to impeccable behavior.
The court found the programmer guilty and sentenced him to a fine of UAH 34,000.
He must also pay to the state 6058.24 UAH of legal costs in the case for conducting a forensic computer and technical examination.
All seized programsIt was decided to return the hundred devices to the owner.
An appeal against the verdict may be filed with the Volyn Court of Appeal within thirty days from the date of its pronouncement through the Lutsk City and District Court.
The sentence enters into force after the expiration of the period for filing an appeal, if such an appeal has not been filed. In the event of an appeal, the sentence, if it is not canceled, enters into force after the decision of the court of appeal.
Source
According to the case file, on May 28, 2023 at 23:30, being aware of the types of software, the principles of operation of malicious software and the consequences of their use, the prohibition of the distribution of malicious software, realizing the illegal nature of their actions and criminal penalties for committing crimes in the field of the use of electronic computers (computers), systems and computer networks and telecommunication networks, uploaded a program script written in the Python programming language called "main.ru", which is a malicious software tool, since it is used to purposefully affect information systems. He also uses the Python utility, which runs the program script "main.ru", after which he began to store it on his own personal computer.
So, on May 15, 2024, during a search at the place of residence, law enforcement officers seized the programmer's laptop, in the "Download" folder they found a directory in which a program script written in the Python programming language called "main.ru" and the Python utility were stored.
As a result of the analysis of the information content and properties of the file "main.ru" during the forensic computer and technical examination, it was established that with the help of the file "main.ru", after its launch using the Python utility and after entering a certain mobile phone number and the number of actions, systematic sending of SMS messages is carried out. With a systematic receipt of a large number of messages, the influence of the file "main.ru" from the folder "smsbomber-main", the use of standard functions (receiving calls, SMS messages, using a web browser) is very difficult.
Thus, the man, by his deliberate actions, which were expressed in the creation for the purpose of illegal use of malicious software intended for unauthorized interference in the operation of information (automated) systems, committed a criminal offense - the creation for the purpose of use, distribution or sale of malicious software or hardware, as well as their distribution or sale.
Interrogated in the court session, the accused programmer pleaded guilty to the criminal offense incriminated to him in full and, without denying the factual circumstances, testified to the court that he had downloaded a program script written in the Python programming language called "main.ru", and with its help carried out a targeted impact on information (automated) systems, as well as the Python utility, with the help of which the program script "main.ru" is launched. After that, I began to store it on my own personal computer.
He sincerely repented of what he had done, asked not to punish him severely, since he was fully aware of the illegality of his actions, and in the future he undertook to adhere to impeccable behavior.
The court found the programmer guilty and sentenced him to a fine of UAH 34,000.
He must also pay to the state 6058.24 UAH of legal costs in the case for conducting a forensic computer and technical examination.
All seized programsIt was decided to return the hundred devices to the owner.
An appeal against the verdict may be filed with the Volyn Court of Appeal within thirty days from the date of its pronouncement through the Lutsk City and District Court.
The sentence enters into force after the expiration of the period for filing an appeal, if such an appeal has not been filed. In the event of an appeal, the sentence, if it is not canceled, enters into force after the decision of the court of appeal.
Source
