beta
(영문) 서울남부지방법원 2019.11.25 2019고단1034

저작권법위반방조

Text

Defendants shall be punished by a fine of KRW 2,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is the representative of the company B that operates the Internet web site C, and the defendant B (hereinafter referred to as the "defendant") is a corporation established for the purpose of the Internet business.

1. Defendant A was aware of the fact that various data traded through the above Internet website were film content without obtaining permission for use of copyright.

Nevertheless, the Defendant allowed many unspecified members to run various contents on the website, and decided to raise profits by paying the price to the above C whenever other members receive it, and to lend the name of the representative in preparation for the occurrence of a fine or tax-related problem.

From January 20, 2018 to May 8, 2018, at “C” website operated by D, etc., the Defendant, as seen above, up to 151 copies of video works copyrighted to the victim E-stock company, and, at an unspecified number of general members, made it possible for the victim E-stock company to pay and download the above film, so that the victim’s copyrighted works are deleted or left unattended without preventing unlawful circulation, and leased the victim’s own name to the representative director in preparation for the occurrence of a fine or tax-related problem while working for the said company.

As a result, the defendant assisted the victim to infringe the copyright of video works.

2. The Defendant Company committed the above offense in relation to its duties.

Summary of Evidence

1. Court statement of the defendant (which is made on the fifth trial date);

1. Protocol of examination of the witness to the F of this Court;

1. The police statement concerning G;

1. List of copyright infringement;

1. Application of the Act and subordinate statutes to the screen with the closure of documentary evidence 1.