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(영문) 서울동부지방법원 2018.04.19 2018고단319
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
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Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, on his duty, is a member of the “net file” (www.netftile.co.co.mr) that is a file-sharing web site.

Despite the fact that no one distributes, sells, lends, or openly displays obscene codes, language, sound, images, or videos through an information and communications network, he/she does not distribute information with obscene contents distributed, sold, rented, or displayed openly, the Defendant received obscene materials from the “net file” website in a free way to collect profits from videos, etc. free of charge by using points accumulated in the “net file” website, with the knowledge that, if other members receive download, some of the coaches ( approximately 30%) paid by the members of the Round who received the Round would be paid to the Round to the sales members.

On January 2017, the Defendant opened a video file with Adi “E” by accessing a computer on the “net file” website located in Songpa-gu Seoul, Songpa-gu, Seoul, for business purposes, and opened up a video file with sexual intercourse head, which contains obscene images including images illegally taken or leaked via the Internet, so that many and unspecified members of the “net file” can download the above obscene video.

As a result, the Defendant openly distributed and displayed obscene images through information and communications networks.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on investigation (Preparation of evidentiary materials and a list of crimes), investigation reports (the details of the offense and matters accompanied by a copy of investigation records);

1. Article 1 of the Act on Promotion of the Utilization of Information and Communications Network and Information Protection, etc. concerning criminal facts as well as the applicable Act;

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