beta
(영문) 서울동부지방법원 2016.07.01 2016고정692

정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

B is a H representative director, a corporation managing a club-type file sharing Internet wood G, in the name of “C”, “D”, “E”, and “F”, and H is a corporation established for the purpose of providing information content services, and the Defendant is a management operator of the obscene file sharing club.

G provides services for mediating the sharing of file via the Internet at a wrap operated by Defendant H for profit-making purposes, and even those who have joined the club free of charge in G may open a club and be “Si/Gun/Gu (management operator).” The “Si/Gun/Gu shop” shall recruit members of the club and assign class to the library, create data room in the bulletin board form, discriminates against those who have access to data room according to the membership classification, and manage its members and posts. The member who has joined the club shall distribute, sell, or openly exhibit, and distribute files accompanied by file files in which he/she prepares and posts, and he/she may exchange in cash when he/she receives 8% of the volume as a sharing point after receiving the amount of 8% of the volume as a sharing point and becomes more than a certain point.

G provides a certain amount of file storage space to a club, and receives a certain amount of money from members according to the volume of file stored servers that members of a club get from the file storage server.

No one shall distribute any obscene code, text, sound, image, or picture through an information and communications network. No one shall distribute information with a content that is distributed, sold, rented, or displayed openly.

The Defendant is a member who uses Gadi’s “I” and is a management operator of a club from “D, a obscenity exclusive for obscene materials,” to “K”, and is a manager of a club.

The Defendant established and operated ‘D' a obscenity in G wrap on September 201, 201.