Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

The Defendant is a person who operates the “C” under the ground B of Suwon-si, Suwon-si.

1. No person who violates the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Distribution of obscenity) shall distribute, sell, lease, or openly exhibit information with obscene codes, words, sound, images, or videos through an information and communications network;

Nevertheless, the Defendant had access to the Internet set up in the above business establishment, carried obscene materials taken by a sexual intercourse with the enemy, and installed them in a computer in each guest room for immediate viewing, and displayed and distributed them to enable D to view obscene videos at KRW 5,00 per hour on March 7, 2013, with a view to collecting usage fees of KRW 5,000 per hour from 7 guest rooms.

2. Notwithstanding the fact that the Defendant did not allow any books, paintings, motion pictures, sound records, video products, and other obscene materials to view or peruse the obscene books, pictures, videos, or other obscene materials at a place that runs an amusement business affecting the public morals in violation of the Act on the Regulation of Amusement Businesses Affecting the Public Morals, the Defendant did not comply with matters to be observed by the public morals and business office, by setting up immediately a container where adult pornography are stored on the computer screen on the screen of the aforementioned business site on March 7, 2013, and allowing many unspecified customers to view them as obscene materials for one hour after collecting fees of KRW 5,00 per hour.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A report on internal investigation:

1. Records of seizure and the list of seizure;

1. Application of statutes on site photographs;

1. Articles 74 (1) 2 and 44-7 (1) 1 (the point of display and distribution of obscene materials) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. concerning criminal facts, and Articles 10 (2) and 3 subparagraph 3 of the Act on the Regulation of Amusement Businesses Affecting Public Morals;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Confiscation Article 48 of the Criminal Act