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(영문) 서울서부지방법원 2013.09.16 2013고정2137
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)방조
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

C From August 20, 2007, as the representative director of E Co., Ltd. (hereinafter referred to as “E”) established for the purpose of electronic commerce, etc. on the three floors of the Seoul Mapo-gu Seoul Mapo-gu Building, from May 2006 to September 2012, 2006, C installed a DNA server, web server, storage server, etc. in the above office and operated the Internet file-sharing web site F (G; hereinafter referred to as “F”).

H From October 2006 to September 2012, 2012, as E’s auditor and F’s team leader, the Defendant served as E’s agent from May 2010 to September 2012, and has been in charge of F’s pening, monitoring, and copyright protection.

F If members share a specific server (referring to "spool" on the website) after installing an exclusive program in PC, the F is a file sharing website using the so-called "P2P (P2P to P2P)" method through which other members may access the shared server through search and download file directly among individuals. F members sell 3.7 million points per day, average 1,500 to 1,60 points per won from 1,500 to 1,600 members per day, and purchase various contents (10 points per won per 1Mb), and paid by members, respectively, with 50% (5 points per 1Mb.5 points per 1) method through direct trade between the trading point or between individuals who provided the file brokers.

No one shall distribute, sell, rent, or openly exhibit obscene codes, words, images, or videos through an information and communications network, and the file sharing website operator shall do so on an average daily basis with at least 24 hours of not less than two illegal information, hazardous information, monitoring of distribution of illegal works, and personnel exclusively in charge of protecting users, in accordance with relevant Acts and subordinate statutes.

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