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(영문) 서울중앙지방법원 2013.11.06 2013고단2551
아동ㆍ청소년의성보호에관한법률위반(음란물온라인서비스제공)등
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 2,000,000.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A is the representative director of Company B, and Defendant B is a corporation established for the purpose of software and solution development, etc., and operates “D”, which is the so-called file sharing site.

Defendant

A by establishing a stock company B on November 17, 201, and had members wishing to sell video and files transmit each screen image and file to the 78 Stoir server that manages film, drama, animation, adult, etc., and directly stores each screen image and file. If there is a user who wishes to download a specific screen image and file, at the same time, the data stored in the server are first transmitted to the server, and if there is the same file stored in each member’s computer, the data stored in the server has been distributed through the method of sending the file by dividing it to the computer of the person wishing to search and download (the so-called “Stod”), and then the points that can be commercialized as a consideration therefor have been received, and only 20% or 40% have been paid according to the self-level set by each sales member, and the remaining 80% or 60% points have been operated by the method of company profits.

1. Defendant A:

A. At around 20:40 on September 6, 2012, at the office of a stock company B located in Guro-gu Seoul Metropolitan Government non-133, the sales members of the said “D” (G) made contributions to minors who have transmitted the said “D through an information and communications network for the purpose of sale, thereby committing self-definite acts and sexual intercourse with men by having sexual intercourse with men, and distributing the file closure images of the “sofinites” file closure devices, but did not take any specific sanctions on the file names and titles of most obscene materials, etc., and by establishing a point of purchase without any specific sanctions on the file names and titles of the sales members.

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