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(영문) 수원지방법원 2014.09.24 2014고단3885

아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등

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Defendants shall be punished by imprisonment for eight months.

However, each of the above two years from the date this judgment became final and conclusive is against the Defendants.

Reasons

Punishment of the crime

around December 2012, the Defendants opened an online non-disclosure file sharing site using a one-name rental program and offered obscene materials, etc. to the members of the above site by receiving money from them. For this purpose, Defendant B was in charge of the production, maintenance, and management of the site, and Defendant A decided to take charge of the operation of the site, posting of materials, membership management, and fund management.

1. The Defendants: (a) operated the website of the name “F” using three computers from December 2, 2012 to January 22, 2014 using three computers; (b) received user fees of KRW 10,000 per month or KRW 40,000 per annum from many and unspecified members; and (c) had members receive three files of obscene materials (attached Form No. 4, 133,550) and 957 downloads, such as files in the name of “GIUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUU

In this way, the Defendants conspired to distribute child and juvenile pornography for profit, and distribute obscene images or videos.

2. A person who intends to operate a business providing value-added telecommunications services, the main purpose of which is to transmit works, etc. by using computers among other persons who operate value-added telecommunications business shall be registered with the Minister of Science

Nevertheless, the Defendants, without being registered with the Minister of Science, ICT and Future Planning, operated the above site as described in paragraph (1), made many and unspecified members receive copyrighted works, such as obscene materials, movies, drama, music, etc. described in paragraph (1).

In this way, the Defendants conspired to operate value-added telecommunications business without being registered.

Summary of Evidence

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