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(영문) 인천지방법원 2019.09.09 2019고단3795
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)방조
Text

Defendants shall be punished by a fine of two million won.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

Defendant

A as a representative director of B, a person operating “D”, a file sharing program, through C, the Internet file sharing site, and Defendant B is a corporation that provides file sharing services.

1. 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 via an information and communications network;

Nevertheless, at around 02:14 on October 11, 2018, the Defendant: (a) knew of the fact that obscenity is distributed through a website, such as by exposing obscenity’s title to “G” on the C mobile (F) sexual bulletin board using Ad, by referring to “E”; and (b) did not take measures such as strengthening real-time monitoring on the mobile bulletin board, thereby facilitating the distribution and public display of obscene materials so that many and unspecified members can easily get obscene materials on the C website.

In addition, from around that time to November 18, 2018, the Defendant aided and abetted 121 obscene materials to ensure that many and unspecified members can download by using an information and communications network, such as the list of offenses in the attached Form.

2. Defendant B is a corporation established for the purpose of additional communication service business.

The Defendant, a representative director, assisted and assisted the Defendant by facilitating the distribution and public display of 121 obscene materials so that many and unspecified members can get downloads through the information and communications network as above, at the time, at the same time and place as paragraph (1) of this Article.

Summary of Evidence

1. Defendants’ respective legal statements

1.The investigation report (for the obscenity submitted): 1.

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