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(영문) 의정부지방법원 고양지원 2013.07.24 2013고단868
영화및비디오물의진흥에관한법률위반
Text

Defendant

A shall be punished by a fine of three million won and by imprisonment of six months for each of the defendants B.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

No one shall manufacture, supply, sell, lend, offer for viewing, or display or keep video products which have not been classified by the Korea Media Rating Board.

Nevertheless, on January 23, 2013, Defendant B purchased approximately 50,000 video products with obscene sexual intercourses between men and women, which are not classified by the Korea Media Rating Board from the “E president”, and sold them to many unspecified persons. Defendant A conspired with each other to receive KRW 50,000 per day from Defendant B and pack the obscenity video products in accordance with Defendant B’s instructions. Defendant B sent a text message to F who operates the obscenity store with the cell phone from the “E president” on the same day, and transferred 1.50,000 won from the said “E president” to the NA account, and then sold 100,000 won of the obscenity video products distributed by Defendant A to Defendant A to the Korea Media Rating Board for delivery and sale from January 14, 2013 to May 38, 2013, and Defendant B received the aforementioned obscenity classification of video products with obscene video products in the aforementioned way as indicated above by the Korea Media Rating Board from around 14, 2013.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol against the Defendants

1. Each police suspect interrogation protocol of H, I, J, F, G, K, L, M, N,O, and P;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to each protocol of seizure and the list of seizure;

1. Subparagraph 6 of Article 95 and Article 53 (1) of the Act on the Promotion of Motion Pictures and Video Products relating to criminal facts, Article 30 of the Criminal Act;

1. Defendant A who is selected to impose a fine: Defendant B who is selected to impose a fine;

1. Articles 70 and 69 (2) of the Criminal Act (Defendant A) of the Criminal Act;

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

1. Collection;

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