2019 Highest6469 Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production of obscene materials);

(Distribution)Violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection

Violation of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. (sexual traffic)

c) Violation of the Act on Regulation and Punishment of Criminal Proceeds Concealment

A

Essential Kim (prosecution) and subordinate court (public trial)

Law Firm Taen, Attorney Ahn Jin-ok

January 21, 2020

A defendant shall be punished by imprisonment for not less than two years and six months.

To order the defendant to complete the sexual assault treatment program for 40 hours.

8,9960,00 won shall be additionally collected from the defendant.

The amount equivalent to the above additional collection charge shall be ordered to be paid provisionally.

For the accused, an employment restriction shall be ordered to the head of a child and juvenile-related institution, etc. and the head of a human welfare facility for five years.

Criminal facts

【Criminal Power】

On April 21, 2017, the Defendant was sentenced to imprisonment for one year at the Seoul Central District Court for a violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc., and completed the execution of the sentence at the Ansan Prison on December 21, 2017.

【Criminal Facts】

The site of this case's "B" (the domain name such as C and D is changed from time to time, and the domain name address changed through E is known to the members) is an illegal obscenity operated in such a way that anyone can access the site without adult certification procedures by allowing its members to display obscene videos, pictures, etc., so that more people can access the site, and by allowing its members to pay points in accordance with the number of post-commercial sex acts or notices of obscene materials posted by its members so that they can receive discount rights of commercial sex acts and obscene materials, etc., while giving them the right to advertise commercial sex acts by using the above bulletin site to those who intend to publicize commercial sex acts, and in return, receive the right to advertise commercial sex acts and obscene materials from payment of off-site (advertising) in return.

Around March 2018, the Defendant: (a) formulated a plan to operate the above “B” site as above; (b) (10 months of imprisonment on August 30, 2019; (c) 10 million won of fine; and (d) G (one year of suspension of execution, two years of fine, and KRW 4840,00 of fine on August 30, 2019; (c) and H (2 years of imprisonment, two years of suspension of execution, one million of additional collection), and I (2 years of suspension of execution, two years of suspension of execution, and one million won of additional collection); (d) sent instructions related to the production of the above site to F; and (e) sent instructions related to F, G, H and member instructions to promote the above website; and (e) sent the website’s name to H’s address for public relations; and (e) sent the website’s address to H. 1.0 times the above website’s address for public relations.

1. Violation of the Act on the Punishment of Acts of Arranging Sexual Traffic;

No one shall advertise any business establishment that performs commercial sex acts, arrangement of commercial sex acts, etc.

Nevertheless, the Defendant, in collusion with G, etc., posted an advertisement to advertise commercial sex acts establishments under the title of "K" on October 12, 2018, and then posted an advertisement to advertise commercial sex acts establishments from 632 companies to 5 April 5, 2019, as shown in the list of crimes in the attached Table 1, and received approximately KRW 90,00 from that company.

Accordingly, the Defendant conspiredd with G, etc. to advertise business places where sexual traffic or arrangement of sexual traffic is conducted.

2. A tide protection violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection.

No person shall distribute, sell, rent, or openly exhibit obscene codes, words, sound, images, or motion pictures through an information and communications network.

Nevertheless, in order to induce more people to freely access obscene pictures, videos, etc. by allowing members of G, etc. and the above "B" to freely share obscene pictures, etc., the Defendant opened and operated a bulletin board with which obscene pictures can be posted, and opened a bulletin board "L" on the above website. On November 15, 2018, at around 02:46, the Defendant made it possible for non-members using "AdiM" to display obscene pictures indicating the sound and sexual organ and display them on the above bulletin board. From that time to December 9, 2018, the Defendant posted 16 obscene pictures using the above bulletin board and made it possible for many and unspecified members to view them.

As a result, the Defendant conspired with G, etc. to facilitate the display and distribution of obscene videos so that many and unspecified people can freely view them through information and communications networks.

3. Abandoning in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials);

No person shall distribute or provide, openly exhibit or exhibit child or juvenile pornography.

Nevertheless, on November 25, 2018, the defendant made a bulletin board "0" on the above "B" website, and posted child and juvenile pornography as the title "P" on the above bulletin board, and around December 11, 2018, the above member posted a child and juvenile pornography as the title " Q" on the same bulletin board so that many unspecified members can be seen, without taking measures such as eliminating the posted child and juvenile pornography.

Accordingly, the defendant assisted members of the above site to openly exhibit child and juvenile pornography.

4. Violation of the Act on Regulation and Punishment of Criminal Proceeds Concealment.

No person shall disguise the acquisition or disposition of criminal proceeds, etc.

Nevertheless, the Defendant, while operating the said “B” site from September 1, 2018 to April 5, 2019, posted an advertisement to publicize commercial sex acts conducted by operators of the commercial sex acts establishments on the bulletin board, and used the “large passbook purchased under the name of another person through R to deposit the advertising fees from such operators.” The Defendant’s use of the “large passbook” to conceal the fact that the Defendant is the actual operator of the site advertising the said commercial sex acts, and to pretend that the account holder has acquired the advertising revenues from the operators of the commercial sex acts establishments from December 11, 2018 to March 6, 2019. From March 7, 2019 to April 9, 2019, the Defendant received KRW 305,000,000 from the operators of the commercial sex acts establishments in the name of the account holder.

Accordingly, the defendant pretended the acquisition of property derived from the act of arranging sexual traffic by the operators of the above sexual traffic establishments.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on internal investigation (the result of confirmation of the structure of the B website), internal investigation report (the result of the display and dissemination of obscene materials on the B website), internal investigation report (the result of confirmation of commercial sex acts, brokerage), report on internal investigation (the result of confirmation of child or juvenile pornography within the B website), investigation report (the current status of establishment of the B-site domain), investigation report (the result of analysis of the current status of establishment of the B-site domain), investigation report (the result of analysis of the current status of establishment of the B-site domain), investigation report (the verification of the number of business suspension places and the deposit account of advertising expenses), investigation report (the confirmation of the amount of advertisement expenses), investigation report (the confirmation of the amount of penalty collection), investigation report (the report of the

1. A copy of each police statement made to G and H;

1. Copies of each protocol of suspect examination of F, I, H, and G;

1. Investigation report (a document attached to outputs of 632 business places advertising 632 advertisements), outputs;

1. Previous convictions: Criminal records, investigation reports (verification of suspect repeated records), judgment, and personal confinement;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 11(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 32 of the Criminal Act, Article 3(1)1 of the Act on the Regulation and Punishment of Criminal Proceeds Concealment (generally, acquisition of criminal proceeds, etc.), Article 20(1)2 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Article 30 of the Criminal Act, Article 74(1)2 and Article 44-7(1)1 of the Act on Promotion of Information and Communications Network Utilization and Communications Network Utilization and Information Protection, Etc., Articles 30 and 32 of the Criminal Act, and each choice of imprisonment, respectively.

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act

1. Aid and mitigation;

Articles 32(2) and 55(1)3 of the Criminal Act / [Article 32(2) and 55(1)3 of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, Distribution, etc. of obscenity)]

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Order to complete programs;

Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. An employment restriction order;

The main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Welfare of Persons with Disabilities Act (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3(1) of the Act on Welfare

1. Additional collection:

The proviso to Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic.

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Registration and submission of personal information

Where a conviction becomes final and conclusive on a crime of aiding and abetting a violation of the Act on the Punishment, etc. of Sexual Crimes against Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials), the accused is a person subject to registration of personal information pursuant to Article 42(1) of the same Act, and the accused is obligated to submit personal information to the competent authority pursuant to Article 43 of the same Act. Meanwhile, in light of the above crime which causes the registration of personal information and the crime of the remaining crimes, and the severity of criminal justice, etc., if the period of registration is not deemed unreasonable, the said period of registration is not set as a longer short-term period (this crime does not constitute a "sexual crime against children or juveniles," and thus, it does not

Reasons for sentencing

- Although the Defendant has the history of punishment several times, the suspension of the execution of imprisonment on 2010 and the punishment on 2017 for the commission of the act of arranging sexual traffic was imposed, the Defendant opened and operated the Internet sexual traffic advertisement site (e.g., avoidance of crackdowns by multiple domain names) and assisted and abetted the spread of obscene images through the above site, and purchased and used the large passbook to conceal the criminal proceeds. The Defendant committed a crime is very poor in that it has significant social harm to the general public’s sexual consciousness and sexual morals, and that commercial sex acts can be rapidly disseminated and disseminated through the Internet. In addition, on April 2019, it is extremely poor that the Defendant escaped from Vietnam to commit a crime, and is arrested on November 2019.

- time to commit the offence;

In addition to the above circumstances, the defendant's age, character and conduct, occupation, family relationship, environment, motive, means and result of the crime of this case, circumstances after the crime of this case, etc., and various sentencing conditions shown in the arguments of this case shall be determined as ordered.

Judges, private citizens and local citizens;

1) accomplices are indicted only against the Act on the Punishment of Acts of Arranging Sexual Traffic (sexual traffic advertisements) and against the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (hereinafter “Act”).