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(영문) 서울중앙지방법원 2017.09.07 2017고단5193

마약류관리에관한법률위반(향정)등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No person who violates the Act on Promotion of Utilization of Information and Communications Network and Information Protection, etc. shall transmit any advertising information for goods or services prohibited by any Act through an information and communications network;

A. On January 2017, the Defendant accepted a proposal from D (one name “E”) that sells phiphones via the Internet at a place where D’s proposal was made to sell phiphones, which is a local mental medicine, and that the Defendant would give phiphones in return for the offer of phiphones in F, etc. at a place where D’s proposal was made.

On January 27, 2017, the Defendant, using a video editing program in the Defendant’s residence located in the Seoul Jung-gu, Seoul, 2017, edited the screen pictures for the sale of phiphones and the screen pictures related to phiphones collected through the Internet, posted three copies of the screen pictures in the Internet F site “I” and “K” on January 22, 2017. On January 27, 2017, the Defendant posted two parts of the screen pictures produced by the same method in the Defendant’s residence at the Defendant’s residence as L and “M” and posted two parts of the screen pictures produced by the same method in the Defendant’s residence at around February 1, 2017.

Accordingly, the Defendant transmitted advertising information on goods prohibited by law.

B. On March 2017, the Defendant: (a) received a proposal from P (one name Q) that sells phiphones via the Internet at a mobile site; and (b) received a proposal from P (one name Q) that he/she would give phiphones in return for advertising in F, etc.

On March 2017, the Defendant entered the same manner as that of paragraph 1 in the Defendant’s residence.