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(영문) 대구지방법원 2013.04.17 2012고정4500
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

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

Defendant

A fails to pay the above fine, 50,000.

Reasons

Punishment of the crime

Defendant

A is the representative director of Defendant B, who operates the Internet file sharing site, and E is a person who is a “Si-time shop” (system operator) with the authority to withdraw members, delete data, etc. in “F,” which is a obscenity exclusive use club in the above D website, G is the Si-time operator of “H,” which is a obscenity exclusive use club in the D website, and Defendant B is a corporation that provides the web hard services, etc. operated by Defendant A.

D, which is an Internet web download service, was made for the purpose of sharing information through the Internet, and is an online service in the form of a club-type web site so that any person opens and operates a club on a website, by creating a bulletin board for film, drama, video, game, ethyl, music, cartoons, documents, adults, etc., and files such as text, video, image, etc. in cooperation with copyright holders or members so that he/she can download and download the said materials by receiving a certain amount of money from copyright holders.

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.

Defendant

A, at each club bulletin board by E, G, the accumulated points have been divided according to the grade into a certain percentage, and the points held by E and G have been recruited to exchange for money whenever other members download obscenity.

1. Defendant A has been aware of the fact that obscene materials are distributed in large quantity on each bulletin board of the above club with a view to continuously maintaining this, and such obscene materials files are not distributed, inasmuch as the members paying charges occupy a considerable portion of the company sales in order to charge points necessary to download obscene materials from the D website “F” and “H” club.

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