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(영문) 대구지방법원 안동지원 2019.02.19 2018고단585
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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

1. The Defendant and B, “2018 Highest 585,” are related to a person living together, posted a large number of obscene materials files on the various file sharing sites, such as C, and released points received at a certain rate in cash when other users download the files, and recruited to use them for the cost of living;

Defendant and B: (a) from April 28, 2018 to September 10, 2018, the Defendant and B had a total of 101,161 video images posted on the bulletin board of the first file sharing site to make them available to the visitors on the website so that they can download them to the public; (b) had access to “C”, which is an Internet file sharing site, to “G” and posted obscene video images with the content of revealing sexual organ and engaging in sexual conduct; and (c) had them gain access to the said website by using a computer; and (d) from April 28, 2018 to September 12, 2018, the Defendant and B transferred them to the public by 90,000 won (hereinafter referred to as “G”); and (d) received profits from exchange points, which is a point received from the website operators, and (e) have been transferred to the Defendant’s account through exchange 70,000 won (hereinafter referred to as “H”).

As a result, the Defendant conspired with B to distribute obscene images through an information and communications network.

2. The Defendant and B, “2018 Highest 661”, as persons living together, posted obscene files on various file-sharing sites, such as J, to exchange points received at a certain rate in cash when other users download files and withdraw them, and recruited to use them for daily expenses.

The defendant and B shall be around October 1018.

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