Most criminal cases are often caught up in unexpected situations.
Therefore, it is difficult to judge and deal with proper situations.
If you are troubled by unfamiliar and difficult laws and procedures, it is recommended that you consult a trusted expert from the beginning of the case and discuss future progress.
It is important to keep in mind that wrong response can lead to irreversible situations.
Today, we will look into the violation of the Information and Communication Network Act through the explanation of a lawyer who is a criminal lawyer at law firm Gow.
Do you know ‘Torrent’?
It’s a kind of way of exchanging data on the Internet.
If we usually want to download data from the Internet, the person who owns the data will upload the entire file to the shared site or to a specific site, and the person who wants to download it will access it and download the entire file.
But Torrent is a little different.
It’s not the whole file, it’s the file snippet up and down.
It’s not a particular site, but it’s thousands of files on my computer that are shared through torrent sites.
Torrent is achieved by sharing a data file called a torrent file.
A torrent file is a kind of index (INDEX) that finds where it is from a large number of torrent users.
For example, a torrent file called “○○○Video” does not contain the video in the file, but the data that I can find and download.
The problem with Torrent is,
What do you think it is?
First, it’s very secretive.
It’s not moving the whole file, it’s not going through a particular site, it’s going back and forth in pieces on my computer.
So copyright violations and illegal materials are very easy to share.
Second, I don’t just download the file, but upload it at the same time.
The files in the torrent folder on my computer are shared without my recognition as soon as the program runs.
I’m uploading it without realizing it.
The reason why I dealt with Torrent on today’s topic is because there is a related Supreme Court ruling, so I would like to introduce it to you.
If you post pornographic videos, you will naturally be punished for violating the Information and Communication Network Act.
Distributing, selling, renting, or publicly displaying obscene signs, phrases, sounds, videos, or videos through the information and communications network will be punished with up to one year in prison or a fine of up to 10 million won.
So, if you post it on a specific site, you will be punished with up to a year in prison or a fine of up to 10 million won.
But what was wrong with the case was not about uploading such obscene videos, but about whether you could see the act of uploading torrent files the same way as distributing pornographic videos.
Earlier, I told you that the torrent file is not a pornographic video itself, but a data that finds pornographic videos.
So it’s a question of whether we can see the same data and pornographic video.
What kind of ruling did the Supreme Court make on this?
Just sharing a torrent file looked exactly like distributing pornographic videos.
Then let’s find out the questions you ask a lot about Torrent.
First, isn’t there a problem if you raise it free of charge?
The Information and Communication Network Act, which punishes pornographic videos, does not discriminate whether they are paid or not.
You’ll be punished if you post it for free.
And files that come and go from torrent sites are usually free.
It’s because I get a profit from advertising expenses.
It’s usually different from the Web hard you share files with.
Second, it’s an example that’s posted a lot on the Internet.
I downloaded the video a few months ago, but I didn’t watch it myself.
And I had it in my computer, and one day the police came to my house.
I tell the police, “I didn’t see it,” but it’s no use.
This is because my computer has no activity, and the torrent program is uploaded at the same time just by running.
He was distributing pornographic videos.
Even the torrent program is distributed as soon as I download it.
I was just downloading pornography, but I was actually distributing it.
Of course, it’s a violation of the Information and Communication Network Act.
Usually, in this case, if you are a first-time offender, you will be suspended or fined a little.
Third, if the computer is turned off, the file distribution to Torrent will not 토렌트 take place.
It’s the same even if the LAN cable is unplugged.
This is also not shared if your computer is turned on and the torrent program is not running.
But as I said before, it’s important that you downloaded the video on the program and you were uploading it.
Therefore, they often commit crimes without realizing it and get punished.
There is a record of suspension of indictment.
And I don’t know if you’ve heard of “stuck.”
There is a site that records torrent usage history.
It shows what data you downloaded on Torrent per IP.
It records what data I downloaded to my home IP using torrent.
I’ll organize it.
Downloading boating is basically not punishable.
But if you use torrent to download the yaht, I’m uploading the pieces of yaht at the same time as the download.
If you get caught, you’ll be punished.