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(영문) 부산지방법원 2015.06.11 2015고단2538

정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)

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[Defendant A] The defendant is set forth in [Attachment A] List of Crimes (1) Nos. 52 through 2718 and List of Crimes (2) through 2.

Reasons

Punishment of the crime

【Defendant A, on September 12, 2014, was sentenced to five months for a crime, such as violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (obscenity) at the Gwangju District Court, and the said judgment became final and conclusive on the same day, and the execution of the sentence was terminated on September 23, 2014.

【Criminal Facts】

1. Defendants A and B conspired to share profits by posting a large number of obscene materials files on various file-sharing sites, such as “www. joint and several file (www. joint and several ftile.co.co.), etc. on the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (hereinafter “Information and Communications Network Utilization and Information Protection Act”) to Defendant A and B, who violated the Act on Promotion, etc. of Information and Communications Network Utilization and Communications Network Utilization and Information Protection, and to have other users withdraw points paid at a certain rate when downloading

Accordingly, on December 1, 2012, at around 02:14, the Defendants posted a obscene video file with obscene contents, revealing sex instruments and sound parts and having a sexual intercourse by exposing them to the adult bulletin board, “www. joint and several file (www.co.co.)”, a file sharing site using a computer, which is a file-sharing site using a computer, and accessing the same as “G”, under the title of Defendant A’s name, and posting a obscene video file with the content of a sexual intercourse.

In addition, from that time until April 22, 2015, Defendants posted a obscenity file on the 111 website bulletin, including the list of offenses (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), and (11) from that time until April 22, 2015, and then received a total of 109,730,503 won from the above website operators.

As a result, the Defendants conspired to distribute obscene images through the information and communications network, respectively.

2. Defendants A and C’s joint criminal acts in violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, Etc. (obscenity distribution) by means of a computer in the “HPC room located in the Vietnam War around 00:25 on April 11, 2015.”