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(영문) 서울남부지방법원 2016.08.25 2016고정372

저작권법위반방조

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Da Co., Ltd. 372 of 2016 is a company operating "F" (G) which is an Internet file sharing site in Guro-gu Seoul, Guro-gu and 6th 6302 of the same Act, and Defendant A is a director of the above company.

From December 31, 2014, the Defendant: (a) from around December 31, 2014, operated the said “F” site as a intra-company director of the said company; (b) received free coophones; or (c) managed the seller’s ratings at five stages based on the content content and the content quantity of the members who purchased points; and (d) the seller receives a download from other members, the seller pays points at a differential rate of 30 to 50%; and (b) encourage members to trade more copyrighted works on the F’s website.

In addition, in operating the Fsite, the Defendant commenced the said service without concluding a partnership contract with the author’s property right holders of copyrighted works. The Defendant, despite being aware that the copyrighted works offered by the members did not obtain consent on reproduction, distribution, etc. of the copyright holder, left the “F” server for a considerable period of time without blocking it in advance or deleting it immediately after the opening of the business. Even if the copyright holder requests copyright protection, members were able to freely download the copyrighted works by taking only formal blocking measures.

On June 9, 2015, a member with no name refers to the “F” site without the consent of the victim Kim Jong-sung Co., Ltd., the copyright holder, as a copyright holder, and the Defendant’s agent, as seen above, had the members of an unspecified number of “F” members download it. The list of crimes in the attached Form, including having the Defendant conduct the inspection by the victim’s video works without the consent of the victim Kim Jong-chul et al.

1. As described in the foregoing, many and unspecified members over 356 times from around that time to June 30, 2015.