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(영문) 서울중앙지방법원 2013.12.12 2013고단7315
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)방조
Text

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

Defendant

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

Reasons

Punishment of the crime

Defendant

A is the representative director of B, a corporation established around December 17, 2012, and the defendant corporation B is a corporation that operates C, a file-sharing web site.

1. No one shall distribute information with an obscene content distributed, sold, rented, or displayed openly in the form of code, sound, image, or picture via an information and communications network;

From March 20, 2013, the Defendant opened a web site, which is a web site operated by the said stock company B, from around March 20, 2013. If members run the files such as film, music, video, etc., the said site is operated in such a way that, in the event that other members select and download the data accumulated as above, the “gnch point (1 point per won)” which they purchased money from the said company is deducted in proportion to the volume of the file. On the other hand, the pertinent data was operated in such a way that the amount equivalent to 30 to 50% out of the deducted points to the members who operated the business.

The Defendant opened the aforementioned website’s “sex” item, and a considerable number of materials distributed from the adult items are exposed to the gender of both men and women, and sexually act took place, and the obscene videos were the majority of obscene videos, and the instant website’s general bulletin board could also read obscene videos.

In addition, from June 2013 to August 2013, the Defendant developed and operated the stitu Newcom with respect to each item, including the sex, “the highest order,” “the personal order,” and most of the notices posted on “the highest order,” and “the personal order,” of the above site were registered.

The Defendant, as an operator of the above site, is well aware of the fact that a large quantity of obscene videos are distributed, so that such obscene videos may not be distributed, the Defendant employed sufficient human resources to prevent the distribution of such obscene videos, and immediately deleted the same.

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