정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)등
Defendant shall be punished by a fine of KRW 3,000,000.
If the defendant does not pay the above fine, 50,000 won.
Punishment of the crime
1. No person who violates the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Distribution of obscenity) shall distribute information with obscene content distributed, sold, rented, or displayed openly through an information and communications network;
The defendant is a person who operates a computer room or telephone room, located in the Nowon-gu Seoul Special Metropolitan City B and the third floor.
In collusion with D, from the early December 2012 to April 20, 2013, the Defendant: (a) installed nine partitionss in the area of about 24 square meters at the said establishment; and (b) installed computers, etc. each room; and (c) collected a charge of KRW 5,000 per hour from customers who find the place to link the obscenity on the computer screen; and (d) displayed obscene images openly for viewing by allowing customers to view the obscenity if they talk with an employee.
2. No person who violates the School Health Act shall be equipped with telecommunications equipment and facilities, and conduct any business or facilities, the main purpose of which is to intermediate voice dialogue or image dialogue between unspecified persons;
Nevertheless, the Defendant operated the “teleline” at the above place, which is within the school environmental sanitation and cleanup zone of the F Kindergartens located in the Nowon-gu, Nowon-gu, Seoul Special Metropolitan City.
Summary of Evidence
1. Defendant's legal statement;
1. Each statement of D, G and H;
1. Seizure records;
1. Each photograph;
1. Copy of business account books;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. Relevant provisions of Article 74 (1) 2, Article 44-7 (1) 1, Article 30 of the Criminal Act, Articles 19 and 6 (1) of the School Health Act concerning criminal facts;
1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 2 of the Criminal Act;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The order of provisional payment;