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(영문) 서울남부지방법원 2020.01.15 2019고단5115
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)방조
Text

Defendant

A Imprisonment for four months, and Defendant B shall be punished by a fine of 5,000,000 won.

except that this judgment.

Reasons

Punishment of the crime

1. Defendant A, from January 26, 2012 to August 26, 2012, was the representative director of the company operating Internet web-site D, an information and communications network from the 8th floor of the Gangnam-gu Seoul Metropolitan Government building, and a person who acquired and operated F from the company to the date from August 1, 2018 to March 31, 2019.

From October 25, 2018 to January 31, 2019, the Defendant operated a system to increase the number of its members on the said F and D sites, and to have its members do so with a large number of erode, thereby increasing the number of its members’ access, and to encourage its members to download materials from other members with a view to increasing the profits of the company, the Defendant offered points to the erode members according to the erode capacity so that they can download other materials free of charge via the said website so that they can download such materials free of charge. The Defendant failed to take appropriate measures, such as allowing them to employ sufficient human resources to prevent distribution of obscenity videos with knowledge of the distribution of a large quantity of obscenity videos in which eromatic sexual acts were conducted, and thereby allowing them to easily distribute such materials to many and unspecified members by posting such materials with the knowledge of erode as indicated in the attached list.

2. Defendant B Co., Ltd. is a company that operates Internet web site D, an information and communications network.

The Defendant, a representative director, failed to take appropriate measures to prevent distribution as described in paragraph (1) in relation to the Defendant’s business, and aided and abetted members to distribute or openly exhibit obscene videos through an information and communications network.

Summary of Evidence

1. Defendants’ legal statement

1. Each police officer against H, I, and J.

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