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(영문) 광주지방법원 목포지원 2018.04.27 2018고단20
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

Defendants shall be punished by imprisonment for up to eight months.

1,233,00 won shall be collected from each of the Defendants.

Reasons

Punishment of the crime

Defendant

B On January 24, 2017, the Changwon District Court sentenced seven months to imprisonment for a violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (obscenity distribution) and completed the execution of the sentence on July 13, 2017.

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

The Defendants posted a number of obscene materials files on the F and other various file sharing sites, and solicited them to have points received at a certain ratio in cash when other users download the files, and then divide profits.

around 20:40 on September 10, 2017, the Defendants posted a obscene material file on the seven file sharing website from August 2017 to January 4, 2018, so that they can download it to the visitors on the website by using a computer, and received gift certificates from the website operators through money exchange points or by purchasing gift certificates through money exchange or by purchasing gift certificates from the website operators, and then transferred the proceeds of selling it to the Nong Bank, which is a transaction item, 200 won, from August 2017 to January 4, 2018.

As a result, the Defendants conspired to distribute obscene images through the information and communications network.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. Statement made by the police with respect to N;

1. Police seizure records;

1. Each investigation intelligence report, a report on the commencement of internal investigation, a list of obscenity posts, and a notice.

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