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(영문) 창원지방법원 2019.05.31 2019고단549

아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등

Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of ten months.

except that from the date of this judgment.

Reasons

Punishment of the crime

Defendant

A around February 2, 2015, at the Incheon Metropolitan City Strengthening-gun C, manufactured Sceren site D, and registered the domain name with a foreign Internet domain registration entity; produced by Defendant B, Defendant B, and collected and stored obscene video files on another website using the high-pollution web clphing automatic collection program (i.e., a one-time web clphing program) and posted them on the said website; and posted them on the said website in the same manner after producing E at the same place as Titter site around August 2016; and posted the obscene video files in the same manner; and then, at the same place as on December 2018, 2018, by posting it on the said website without permission. < Amended by Act No. 15068, Aug. 22, 2018; Act No. 15083, Aug. 22, 2018; Act No. 15308, Mar. 22, 2018>

As above, Defendant A had overall control over the operation of the site, such as the production of a site, the registration and change of domain names, the business of “phishing” work and data processing, the invitation of sponsors, and the management of advertising revenue, etc., and Defendant B operated the site by sharing the roles such as the production and provision of the “phishing” program, the confirmation of the site access failure, and the correction of site errors.

1. Violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection;

(a) No one shall distribute, sell, lease, or openly exhibit any obscene codes, words, sound, image, or motion picture via an information and communications network;

Nevertheless, the Defendants were named as “H” on the bulletin board of the above site in order to operate the D site (D) around October 11, 2018 at the Incheon Metropolitan City Strengthening-gun, Incheon Metropolitan City.