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(영문) 서울남부지방법원 2013.06.26 2013고정781

정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)

Text

Defendants shall be punished by a fine of KRW 5,000,000.

Defendant

A fails to pay the above fine; 50.

Reasons

Punishment of the crime

Defendant

A is the representative of corporation B established for the purpose of Internet portal site business, etc. and is the operator of the D site.

1. Defendant A stated in the indictment of “E”, “F”, and “G”, which are obscene materials exclusive clubs on the aforementioned D website, as obscene materials exclusive clubs, but there is no evidence that the term “L” was established, and Defendant A recognized the existence of the club.

The name of a club itself is not significantly affected by the method of crime or the establishment of a crime, and the evidence is clearly recorded in the name of a club.

For the purpose of maintaining the company's sales, members who download obscene materials established and run a large portion of the company's sales, and continued to maintain it, they paid a fixed amount of subsidies, such as points, according to the details of their activities, so that obscene materials may be operated as a business, and the above H et al. decided to distribute obscene materials by ordering I and J to support the request related to the club operation.

From January 2012 to September 4, 2012, the Defendant assisted the distribution, sale, or display of obscene materials by the sellers of the above site, such as allowing the said H, etc. to release a total of 61,381 obscene files, total capacity of 36.27 tetrarate (500 HH) as obscenity, and allowing the general members to download it.

2. Defendant B, a representative of the Defendant, aided and abetted the distribution of obscene materials as described in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. I, J, M, H, N,O, P, Q, R, S.