A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

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.

On August 23, 2018, the Defendant, using ID “B” to “B,” the Internet web site, provided that sexual men and women are exposed to sexual organ and engage in sexual conduct, thereby allowing unspecified users to download obscene videos, and then, received points paid at the time of the Multilatering from the said website.

In addition, from December 18, 2017 to October 16, 2018, the Defendant up to 13,631 obscene videos on the 13 web-line sites as shown in the annexed Table of Crimes, as seen above, and made it available for unspecified users to download a total of 13,631 obscene videos, as shown in the annexed Table of Crimes. The Defendant received points paid by an unspecified number of users during the same period from each site and exchanged total of 59,221,90 won in cash.

Accordingly, the Defendant sold obscene images using information and communications networks.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (‘C', ‘E', and ‘A');

1. Investigation report (the result of the analysis outside the submission of the A);

1. Investigation report (two-dimensional analysis of computers voluntarily submitted to A);

1. One copy (B) of documentary evidence;

1. Two copies (F, G) of documentary evidence;

1. Application of each existing statute under subparagraph 2 to the evidence 4;

1. Article 74 (1) 2 and Article 44-7 (1) 1 of the Act on Promotion of Utilization of Information and Communications Network Utilization and Information Protection, etc., concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. The reason for sentencing of Article 48(1) of the Criminal Act is that the punishment of the crime is not easy in light of the period, scale, etc. of the crime of selling obscene materials in this case.