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(영문) 인천지방법원 2014.01.22 2012고단9907

정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)등

Text

Defendant

A A Fine of 10,00,000 won, Defendant B’s imprisonment with prison labor for eight months, and Defendant C Company of 2,000,000 won.

Reasons

Punishment of the crime

[2012 Highest 9907] Defendant A is the representative of “C” corporation running a web sub-subsidiary company under the name of “I,” and Defendant B is the operator of “J”, who is the obscenity exclusive for obscene materials in the above I.

No one may distribute, sell, rent, or openly exhibit obscene codes, words, sound, images, or motion pictures through an information and communications network. Defendant B, from March 2, 2011 to July 1, 2012, connected to Defendant B, Defendant B, the operator of the said club, from March 2, 2011, to 1,50,000 won on the bulletin board of the said club, with obscene videos, including “Olya Pink (TAC).” 6,035 items of obscene motion pictures, including the face of exposure to sexual organ and sexual intercourse, are displayed openly. Defendant A, in order to maintain the profits of the said club from around December 2, 201 to June 1, 2012, by dividing the above club’s profits into KRW 1,50,00,000, in a manner that facilitates the operation of the said club’s obscene motion pictures, and by providing other members with obscene motion pictures.

[2012 Highest 1081]

1. Defendant A was the representative director of C Co., Ltd. operating I, a web site.

Although the Defendant knew that various digital data traded through the above web site was digital content, such as motion pictures not permitted to use copyright, the Defendant, despite having known that such digital data was not authorized, had the members of the above web site trade various digital content in the above web site, and had the members of the above site trade the various digital content on the web site, and had the Defendant gain profits by advertising every time he receives the downloadd content.

When the defendant joins as a member on the above website, he/she shall provide 2,000 points free of charge, and may post various digital contents which he/she sets up for 40 days.