A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

No one shall distribute information with an obscene content distributed, sold, rented, or displayed openly in the form of code, words, sound, image, or motion picture through an information and communications network.

The Defendant, who operates a computer enterprise called “C” in Bupyeong-si B, was aware of the fact that the Defendant could sell obscene materials on the web website by posting them on the web website, to sell obscene materials.

The Defendant opened “D” in the name of “D”, which is a web site, in the name of AdidiF (E), and opened Adidi I (Edi) in the name of H (E) around June 2018 and posted a dynamic image in which both adults of “L” in the above Defendant’s office and the Defendant’s residence located in B/L in the above website’s office and in the above site’s bulletin board are having a real sexual intercourse with each other. From around that time to March 18, 2019, the Defendant received revenues of KRW 34,122,500 by posting a total of 769 obscene materials, as described in the list 3 of the crime list.

Accordingly, the Defendant distributed obscene images through information and communications networks.

Summary of Evidence

1. Protocols on the seizure of the defendant's legal statement, the details of cash withdrawal from each image to each image on the seizure list, the details of each account, the details of web hard points withdrawal, the details of transactions, and the details of transactions;

1. Application of Acts and subordinate statutes to a report on investigation (statement of surcharge calculation);

1. Article 74 (1) 2 and Article 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., the choice of punishment for a crime, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. Article 48 (1) of the Criminal Act of confiscation;

1. Article 10 of the Act on Regulation and Punishment of Criminal Proceeds Concealment.