208 Fixed5588 Act on Promotion of Information and Communications Network Utilization and Information Protection

(obscenity) obscenitys.

1. A;

2. B;

3. C.

4. Stock companies D.

5. Stock company E.

6. Stock company F

7. G.

8. H;

9. International Stock Company I;

10. J

11. Korea Stock Company;

J. J. J. J. J.

L Law Firm, Attorney M (Defendant 1 and 2)

Attorney N. (for the defendant 3 and 4)

Law Firm, Attorneys P (Defendant 8,9)

Law Firm Qu, Attorneys R (Defendant 10,11)

May 31, 2011

Defendant A, Defendant B, Defendant H, Defendant I, Defendant J, Defendant J, and Defendant K Co., Ltd. shall be punished by a fine of one million won.

In the event that Defendant A, Defendant H, and Defendant J did not pay the above fine, each of the above Defendants shall be confined in a workhouse for the period calculated by converting 50,000 won into one day. The sentence of each sentence shall be suspended against Defendant C, Defendant D, Defendant E, and Defendant F. Defendant G.

Defendant A, Defendant B, Defendant H, Defendant I, Defendant J, Defendant J, and Defendant K Co., Ltd. order the provisional payment of the amount equivalent to the above fine.

Criminal facts

1. Matters pertaining to the Defendants

A. Defendant A is a representative director of “S” corporation, which is a web site that intermediates the sharing of files between individuals, and Defendant B is a corporation established for the purpose of software development business, etc.

B. Defendant C is the representative director of “T,” a P2P website, which intermediate the sharing of files between individuals, and Defendant C is a corporation established for the purpose of software development business.

C. Defendant G, as the representative director of E and F, operates “U”, which is the web hard site mediating file sharing between individuals, under the name of E and “V,” respectively, in the name of E and “V,” respectively. Defendant E and “F,” respectively, are corporations established for the purpose of software development business, etc.

D. Defendant H is the representative director of “W,” a P2P website, which intermediate the sharing of files between individuals, and Defendant H is a corporation incorporated for the purpose of software development business, etc.

E. Defendant J is the representative director of K, Inc., the operating company of P2P and Peerer Peer Peer, which intermediate the sharing of files between individuals, and Defendant K is a corporation established for the purpose of software development business, etc.

2. S-related matters;

A. Defendant A

From July 2004, the Defendant established and operated a S website at a corporation B (Internet) office located in Seocho-gu Seoul Y Building, and established and operated a system in which other members can download obscenity when members of the above site show obscene videos.

On November 2007, the Defendant aided and abetted the distribution of obscene images through an information and communications network by allowing other members to download the said videos, by allowing them to display a obscenity image, which is a obscene video, a obscenity image with a gymmetric description of sexual act in the state of being exposed to the gender of both men and women, and by allowing other members to download the videos.

B. Defendant B

The Defendant assisted and abetted the distribution of obscene images through the information and communications network as above with respect to the Defendant’s business, who is the representative director of the Defendant Company, at the above date and place.

3. T-related

A. Defendant C

From October 2002, the Defendant established and operated a Tsite at the D Office in Seocho-gu Seoul Metropolitan Government Z building 2 and 3 floors, and installed a file sharing program offered by the Defendant on a computer after downloading the file sharing program provided by the above site members, and set up a specific spool in the computer as a sharing spool and raising data, such as video, on which other members can download the data stored in the sharing spool.

On October 29, 2007, the Defendant: (a) around October 29, 2007, the Defendant: (b) registered and posted on the T site bulletin the obscenity’s obscenity-based obscenity-based obscenity-based obscenity-based obscenity-based obscenity-based obscenity-based obscenity-based obscenity on which sexual intercourse was exposed; and (c) assisted the Defendant by facilitating the distribution of obscene videos through an information and communications network by allowing other members to download the said videos.

B. Defendant D

The Defendant aided and abetted the distribution of obscene images through the information and communications network as above, at the same time and place as above, by C, the representative director of the Defendant Company.

4. U and V-related

A. Defendant G

From September 2003, the Defendant established a U site in Seoul, E Office located in the Gangnam-gu AA building 302, in the name of the company E, and established a V site in the name of F, and established and operated a system in which other members can download obscenity when the members of the above site show obscene videos.

On November 2007, the Defendant aided and abetted the distribution of obscene images through an information and communications network by facilitating the distribution of obscene images through a method of allowing other members to download the said videos, by allowing them to display the obscenity to the above 5 website 's obscenity aid program’, which is a obscene video with a face where sexual intercourse is expressed oly in the state of being exposed to the sex of men and women.

B. Defendant E

At the same time and place as above, G, the representative director of the Defendant Company, assisted the Defendant to distribute obscene images through the information and communications network as above. Defendant F Co., Ltd.

The Defendant assisted and abetted G, the representative director of the Defendant Company, to distribute obscene images through the information and communications network as above, at the same time and place as above.

5. W-related documents.

A. Defendant H

From August 199, the Defendant established and operated a W website at the first floor of the Mapo-gu Seoul AB Building, and installed the file sharing program offered by the Defendant on a computer, and set up a specific spool in the computer as a sharing spool, and up the data such as video, etc. on which other members can download the data stored in the sharing spool.

On November 2007, the Defendant: (a) registered and posted on the above W site bulletin list a obscenity screen, a obscenity screen, which is a obscene video, in which members of the above site described sexual acts in a ethic state with the exposure of gender and gender; and (b) assisted by facilitating the distribution of obscene images through information and communications networks by allowing other members to download the above videos.

B. Defendant I

The Defendant aided and abetted the distribution of obscene videos through the information and communications network, at the same time and place as above, by H, the representative director of the Defendant Company, regarding the Defendant’s business.

6. X-related;

A. Defendant J

From October 2007, the Defendant established and operated a X site at the K Office of Seoul AC Building 7 to 8th floor, and installed a file sharing program offered by the above site members on a computer after downloading the file sharing program offered by the Defendant, and set up a specific spool in the computer as a sharing spool and raising data, such as video, on which other members can download the data stored in the sharing spool.

On November 6, 2007, the Defendant made it easy for other members to distribute obscene videos through an information and communications network by allowing them to register and post on the above site bulletin list the obscenity 3/300,000 of obscene videos, in which sexual intercourse is recorded in a scambly with a face where members in the name of a member in the name not having been exposed to the sex of both men and women, and by allowing them to download the above videos.

B. Defendant K

At the above time and place, the Defendant assisted and abetted the J, the representative director of the Defendant Company, to distribute obscene images through the information and communications network as above with respect to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol against Defendant A, C, G, and J

1. The screen to be applied to the obscenity search and download screen, a set of prohibited words, and a written heating search system (Defendant 1, 2);

1. The screen screen (Defendant 5, 6, 7) of a obscenity screen that is searched with prohibited language lists, 'bast', and 'animals' (Defendant 3, 4) 1. Search and downloading of obscene materials, 'bast screen' and obscenity screen that is searched with ‘bast’ (Defendant 5, 6, 7);

1. Adult connection obscenity search and download screen pictures, minor connection obscenity search and download screen pictures (Defendant 8,9);

1. The screen of obscene materials downloaded through the obscenity screen, the screen on which a report on obscene materials is made through the clean center, the screen on which a report on obscene materials is made in a ID of less than 14, and the screen on obscene materials downloaded by a obscenity screen and a obscenity screen (Defendant 10, 11);

Application of Statutes

1. Article applicable to criminal facts;

Defendant 1, 3, 7, 8, and 10: Articles 74(1)2 and 44-7(1)1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, and Article 32(1) of the Criminal Act (elective fines) Defendant 2, 4, 5, 6, 9, 11: Articles 75, 74(1)2 and 44-7(1)1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Article 32(1) of the Criminal Act (elective fines)

1. Aid and mitigation;

Defendants: Articles 32(2) and 55(1)3 of the Criminal Act

1. The punishment suspended;

Defendant 3 through 7: Fines of one million won

1. Detention in a workhouse;

Defendant 1, 3, 7, 8, and 10: Articles 70 and 69(2) of the Criminal Act

1. Suspension of sentence;

Defendant 3 through 7: Article 59(1) of the Criminal Act (the fact that the above Defendants did not have the same criminal record and the present site was closed due to the suspension of business, and all other circumstances taken into account)

1. Order of provisional payment;

Defendant 1, 2, 8 through 11: Judgment on the allegations by the Defendants and defense counsel under Article 334(1) of the Criminal Procedure Act

The Defendants and defense counsel asserted to the effect that the Defendants take the best preventive measures available at present level, such as the establishment of a obscenity, to prevent the distribution of obscene materials. However, in light of the quantity and proportion of obscene materials distributed on the Defendants’ website, the easiness of search of obscene materials, the degree of sanctions against the clients or registrants, etc., the Defendants’ measures are not sufficient, and the above assertion is not accepted (Provided, That the circumstances in which the Defendants made efforts to block obscene materials to a certain extent should be taken into account in the calculation of fines).

Judges, Yellow Bail