UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY SOUTHERN DIVISION LONDON * * * * * INTRODUCTION ALLEGATIONS

Transcription

1 UNITED STATES OF AMERICA UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY SOUTHERN DIVISION LONDON ~a8tern lhstl'lg;' FILED DEC ,n Lmmor-. LESLIE G WHITMER CLERK U S DISTRICT COURT V. INDICTMENT NO. O&-Ce- 10y-JJFVr THE GRAND JURY CHARGES: At all times relevant: * * * * * INTRODUCTION ALLEGATIONS 1. Defendant SUNGKOOK KIM was a resident of Whitley County, Kentucky. KIM operated computers with identities displayed as SAM KIM, DAVID JONES, alildjones@yahoo.com, and kumdoin2008@aol.com, among others. 2. Hotmail was an Electronic Communications Service Provider providing electronic mail (" ") and other services to the public in the United States and abroad, and its computers and servers for the hotmail.com domain are located in the State of California. 3. Yahoo! was an Electronic Communications Service Provider providing and other services to the public in the United States and abroad, and its computers and servers for the yahoo.com domain are located in the State of California.

2 4. All victims were residents of Whitley County, Kentucky. Victim 1 maintained and used the account'." KIM obtained information that could be used to damage the reputation of Victim 1, including but not limited to digital images, by accessing a computer in a University computer lab that had been left unattended by another user. KIM accessed the computer while it was unattended and saved the information to a portable storage device. KIM later transferred or copied this information to his personal computer and peripheral devices. 5. Victim 2 maintained and used the account " Victim 3 maintained and used the account" " Victim 4 maintained and used the account " and used the account ' used the account' " Victim 5 maintained " Victim 6 maintained and " Victim 7 maintained and used the account" " Victim 8 maintained and used the account." Victim 9 maintained and used the account " 6. KIM discovered the names ofthe accounts described in Paragraph 5 above, and the passwords granting access to the accounts, by installing "keylogging"software on computers used by the victims in a University computer lab. The software surreptitiously captured the characters typed by the victims on the 2

3 computers. and then ed logs of the typed characters to KIM. KIM received and read the logs and thereby discovered the account names and the passwords granting access to the accounts. KIM also saved and categorized these account names and passwords on his own personal computer and peripheral devices. KIM operated his personal computer under the username "Sam Kim." 7. KIM used this information to gain unauthorized access to all of the accounts described in Paragraph 5 above. The accounts resided on computers as set forth in Paragraphs 2 and 3 above. KIM read the contents of various s and obtained other information from within the accounts. KIM also downloaded and saved some of the information from the accounts on his personal computer and peripheral devices. herein. Kentucky, COUNTS U.S.C. 875(d) The Introduction paragraphs are incorporated by reference as if fully set forth On or about the dates set forth below, in Whitley County, in the Eastern District of knowingly and with intent to extort a thing of value from Victim 1, did transmit in interstate commerce from the Commonwealth of Kentucky to the State of California, 3

4 various communications to Victim 1, and said communications contained a threat to injure the reputation of Victim 1, as set forth in the chart below: COUNT 1 DATE October 2, message to ' COMMUNICATION 2 3 October 5, message to " October 10, message to " 4 October 12,2008 message to ' October 13, 2008 October 14, 2008 October 16, message to ' message to ' messages to ' 8 October 17, messages to " 9 October 18, messages to ' 10 October 19, message to " 11 October 20, messages to " 12 October 22, messages to " 13 October 27, message to ' 14 November 7,2008 message to ' 15 November 12,2008 message to ' Each Count in violation of 18 U.S.C. 875(d). herein. COUNTS U.S.C. 1030(a)(2)(C) and 1030(c)(2)(B)(ii) The Introduction paragraphs are incorporated by reference as if fully set forth 4

5 Kentucky, On or about the dates set forth below, in Whitley County, in the Eastern District of in furtherance of the commission of criminal and tortious acts, intentionally and without authorization accessed various protected computers by means of various interstate communications, and thereby obtained information from said protected computers, as set forth in the chart below: COUNT DATE DESCRIPTION 16 November 10, 2008 accessed account of Victim 2 17 November 10, 2008 accessed account of Victim 3 18 November 10, 2008 accessed account of Victim 4 19 November 10, 2008 accessed account of Victim 5 20 November 10, 2008 accessed account of Victim 6 21 November 10, 2008 accessed account of Victim 7 22 November 10,2008 accessed account of Victim 8 23 November 12, 2008 accessed account of Victim 9 Each count in violation of 18 U.S.C. 1030(a)(2)(C) and 1030(c)(2)(B)(ii). herein. COUNT U.S.C. 1028A(a)(I) The Introduction paragraphs are incorporated by reference as if fully set forth 5

6 On or about November 10, 2008, and continuing through on or about November 12,2008, in Whitley County, in the Eastern District of Kentucky, did knowingly possess and use, without lawful authority, a means of identification of another person, that is, various usernames and passwords used to access information on a computer, during and in relation to an offense under 18 U.S.C. 1030(a)(2)(C) and 1030(c)(2)(B)(ii), namely, felony fraud in connection with computers, said offense being a felony enumerated in 18 U.S.C. 1028A(c)(4), all in violation of 18 U.S.C. 1028A (a)(1 ). COUNT U.S.C. 2252(a)(4)(B) Kentucky, On or about November 13,2008, in Whitley County, in the Eastern District of did knowingly possess one or more matters, that is, electronic storage media, which contained visual depictions that had been mailed, and had been shipped and transported in interstate and foreign commerce, and which were produced using materials which had 6

7 been mailed and so shipped and transported, by any means including by computer, the production of which involved the use of a minor engaging in sexually explicit conduct and which visual depictions were of such conduct, all in violation of 18 U.S.c. 2252(a)(4)(B). A TRUE BILL ~MES A.,--ZERHUSEN C/UN'ITEU:STATES ATTORNEY 7

8 PENALTIES COUNTS 1-15: COUNTS 16-23: COUNT 24: COUNT 25: PLUS: PLUS: Not more than 2 years imprisonment, $250,000 fine, and 1 year supervised release. Not more than 5 years imprisonment, $250,000 fine, and 1 year supervised release. Not less than 2 years imprisonment consecutive to any other term of imprisonment imposed. Not more than 10 years imprisonment, $250,000 fine, and not less than 5 years nor more than lifetime supervised release. Mandatory special assessment of $100 per felony count. Restitution, if applicable. 8