A defendant shall be punished by imprisonment for one year.

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

1. No person who violates the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Distribution of obscenity) shall distribute information with a content of distributing, selling, leasing, or openly displaying obscene sound, images, or motion pictures through an information and communications network;

Nevertheless, from March 2013 to December 4, 2013, the Defendant: (a) opened a server with obscene videos with sexual intercourse in the studio in Yeonsu-gu Incheon, Incheon; (b) opened a “C” website to view the said videos; (c) installed a program to connect the said website to the “F computer room” operated by E; (d) provided the said computer room to the customer server; and (e) received KRW 200,000 from E in return for the provision of obscene videos to the PC room in Seoul, Gyeonggi-gu, and Daegu-gu, and received KRW 59,601,000 from the PC proprietor in return for the provision of obscene videos from around December 308 to December 4, 2013.

Accordingly, the Defendant distributed obscene images through information and communications networks.

2. No person who violates the Personal Information Protection Act shall divulge personal information he/she becomes aware of in the course of performing his/her duties or provide it to another person without authority;

Nevertheless, on November 15, 2013, the Defendant sent to E, who operates the F Computer Store, the word “C, GFHHHH resident number I and J deposit,” and had E transfer the above C site usage fee to H account in the name of the Defendant’s mother, using the name and resident registration number of J, by using the name and resident registration number of the J.

However, in fact, the resident registration number of the J is personal information that the defendant came to know while operating a mobile phone sales store in the Geum-gu, Busan High School on March 2013, and the J permits the defendant to use the resident registration number as above.