beta
(영문) 서울중앙지방법원 2016.09.30 2016고단4648

정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)

Text

Defendants shall be punished by imprisonment for six months.

However, the defendant B is above two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On May 10, 2015, the Defendants opened a website "E" (F, G, hereinafter referred to as the "site of this case") and opened a model to screen the general women by posting them, and then posted them on the website to pay 30,000 won per month to the paid members of the website who wish to purchase the pictures, and have operated the website by taking photographs of the general women who want to purchase the pictures and posting them on the website of this case. From May 10, 2015, the Defendants made a mutual decision to receive profits by receiving the proceeds of the sale of pictures from the members who wish to purchase the pictures, and operated the website by posting them on the above website.

From January 1, 2016 to May 9, 2016, Defendants conspired to post a letter of “K” in the category “J” on the bulletin board of the said site “I after accessing the site manager account at the Defendants’ office located in the Dong-dong building Nos. 223, Dong-gu, U.S.-dong-gu, Gyeonggi-do-si, Gyeonggi-do-si on January 1, 2016 and distributed approximately 26 ordinary women’s sound and chests to make it available for fee-charging members to peruse, and distributed them as shown in the list of crimes in the separate list of crimes, and distributed approximately 8,393 out of them to the public by posting them in the category “I” and distributing them to the public for fee-charging members’ reading, KRW 50,70 and KRW 393 of them to the category “I” and distributed them to the public.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. Copies of each protocol concerning the examination of suspect of the police against L, M, N,O, P, Q, R, and S;

1. Each statement;

1. 3 obscenitys, with obscene materials of each date of April 1, 200

1. April 2, 2016:

5. 9. A CD attachment with obscene materials for each day.

1. Each investigation report (related to verification of earnings, final verification of unjust gains accrued from the operation of an E-site, criminal proceeds, and calculation of additional charges);

1. Each internal investigation report (E site.