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(영문) 서울중앙지방법원 2012.10.18 2012고단816

저작권법위반등

Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months, respectively.

The number of seizure list No. 4 to 7.

Reasons

Punishment of the crime

Defendant

A on November 7, 2007, after having been sentenced to imprisonment of one year and six months in Seoul Central District Court for fraud, etc., A was released on November 28, 2008 during the execution of the sentence by a governmental prison on parole on January 21, 2009.

Defendant

B On January 26, 2011, the Seoul Eastern District Court sentenced 6 months of suspension of the execution to a violation of the Copyright Act, which became final and conclusive on November 10, 201.

1. Defendant A

A. The Defendant, in violation of the Copyright Act, intended to sell DNA (DST) cart stores, which are devices that circumvente the technical protection measures of the copyright holder, so that he/she can use the dis (DS) game using the dis (DS) game in which the dis (DS) game is stored, and the dis (DST) cart stores, which are devices that circumvente the technical protection measures of the copyright holder, in order to enable the copyright holder to use the dis (DST) game.

From December 5, 2008 to October 4, 201, the Defendant registered a seller ID in the name of 17 persons, such as F, as described in attached Table 1, 4, from the land of Songpa-gu Seoul E 201 to the land of Songpa-gu 201, and stored a number of 194 Internet game program 194 via a computer at the Internet file sharing site as described in attached Table 2, such as the attached Table 1, 12,747 and 15,893 (a total sale price of 641,130,480, 298, 2981, 208, 209, 209, 209, 209, 2000 won).

Accordingly, the Defendant provided products for the purpose of infringing the author's property right of the above copyright holder and nullifying the technical protection measures protected by the law without justifiable rights for profit.

B. On December 11, 2008, the Defendant violated the Act on the Regulation and Punishment of Criminal Proceeds Concealment (hereinafter “the Act”).