beta
(영문) 부산지방법원 2013.06.19 2013고정1900

정보통신망이용촉진및정보보호등에관한법률위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant acquired B on January 5, 2010 and took charge of the overall affairs of the company, such as sending letters, managing members, and managing employees, and B is a corporation established for the purpose of special category telecommunications business, etc., which leases 060 telephone numbers of 43 telephone numbers from (ju) On the 3rd floor of Busan Suwon-gu, which is a key telecommunications business operator, and provides a male user with a service of communicating with a female employed by receiving 250 won per 30 won per 30 seconds of telephone with a 060 voice hosting number.

A person may not transmit information about advertising media products harmful to juveniles to juveniles under the age of 19 in the form of code, letter, voice, sound, image, video, etc. using an information and communications network, or openly exhibit such information to juveniles under the age of 19 without any measures restricting juveniles' access. However, around March 31, 2010, the Defendant sent the above contents of the advertisement to juveniles under the age of 130 as indicated in the attached list of crimes [We]B0 telephone information service (Aud-type) B060 telephone information service (Aud-type) from around that time to July 23, 2010, as a cell phone of D, with the content of "250 won, for the thickness of 250 won to leave from the head to the end of the generation."

Accordingly, the defendant sent information about media products harmful to juveniles to juveniles in the form of text using information and communication network.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Criminal Report Act and the Investigation Report Act

1. Article 73 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. concerning the relevant criminal facts and Articles 73 subparagraph 3 and 42-2 of the Act on Promotion of Information and Communications Network Utilization and Protection

2. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

3. Article 334 (1) of the Criminal Procedure Act.