정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)등
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
1. The Defendant violated the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (obscenity distribution) is a person who operates adult Internet resting telecom with the trade name of “C” at the Seoul Jung-gu B and the second floor, and D is a person who works for the above resting telecom as an employee.
No one shall distribute, sell, rent, or openly display any obscene codes, letters, sound, image, or motion picture via an information and communications network.
Nevertheless, from February 25, 2014 to March 30, 2014, the Defendant: (a) took responsibility for the sales and business of the said rest; (b) received user fees of KRW 6,000 per hour from customers who find out the rest; and (c) allowed them to view obscene video works containing sexual intercourse between men and women through the “E” website; and (d) upon receiving the Defendant’s instruction from the employee, performed management of the rest, and allowed them to view such obscene video works in the same manner as the Defendant.
Accordingly, the Defendant used the information and communication network jointly with D, and openly displayed obscene images against many and unspecified people.
2. Any person who violates the School Health Act shall be prohibited from operating a business prohibited from allowing access by juveniles, such as a rest room, etc. where physical contacts between unspecified persons, exposure to a sealed part of the school environmental sanitation and cleanup zone have occurred or any similar act is likely to occur, and such person shall be prohibited from performing such business.
Nevertheless, from February 25, 2014 to March 30, 2014, the Defendant operated G kindergartens located in the Seoul Western-gu Seoul Metropolitan Government in the same manner as that of the preceding paragraph at the school environmental sanitation and cleanup zone.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of police suspect regarding D;
1. Records of seizure and the list of seizure;
1. Business registration certificate, school environmental sanitation and cleanup zone, and guidance;