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(영문) 부산지방법원 2020.01.09 2019고단4081
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)등
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A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The Defendant, along with B, and one infinite (hereinafter “C”), conspireds to operate the Internet pornography, and the Defendant has operated the website “D”, “E (e.g., domain name from time to time, including F and G, and the changed domain name address through H are known to the members) from December 2018.

The above “D” and “E” sites operated by the Defendant are obscene sites operated by the Defendant without adult certification procedures by allowing its members to display obscene videos, pictures, etc. to access the said site, thereby inducing more people to access the said site and allowing its members to use obscene materials downloads, etc. in the said site by providing points according to the number of publication of obscene materials by its members, and allowing them to use obscene materials downloads, etc., on the other hand, they are obscene sites operated by the said site by advertising commercial entertainment business establishments, private sports Saturdays, etc. and by creating profits by receiving a payment of cooperation (advertising expenses) in return.

1. No person who violates the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Distribution of obscenity) shall distribute, sell, lease, or openly display obscene codes, words, sound, images, or motion pictures through an information and communications network;

As above, the Defendant, along with B, operated the sites such as “D” and “E” and recruited to recruit members by posting obscene materials.

Around May 17, 2019, the Defendant posted at the Seongbuk-gu Seoul International Building, an adult PC room of the first floor, a ID called “K” on the “J” bulletin board of the above website, and an obscene image with sexual intercourse with a gender exposed to a gender of both men and women as “L”, and made it possible for the above site members to view it as downloading.

The defendant shall be the defendant.

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