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(영문) 창원지방법원 통영지원 2015.08.10 2015고정397

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

Criminal facts

When a member registered as a seller registers movies, videos, etc., the Defendant subscribed to B on the Internet website operated by the method of downloading through points exchanged with cash by general members at a rate of 1:1.

On December 2014, the Defendant, using a computer, carried out a dynamic image, which has sexual intercourses with male and female, using a computer in an influent place on the ground of “Fluent rice Do, which became a fluent rice fluent,” and 50 points per time, deducted and downloaded to unspecified members.

Accordingly, the Defendant distributed obscene video works using computers.

Summary of Evidence

1. Defendant's legal statement;

1. A report on intelligence investigation and a report on the arrival of an internal investigation;

1. Application of the reply-related Acts and subordinate statutes;

1. Selection of a fine or fine under Article 74 (1) 2 or 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;