(영문) 서울북부지방법원 2015.04.17 2015고정679



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

If the defendant does not pay the above fine, KRW 100,000.


Punishment of the crime

Author's property rights and other property rights protected pursuant to the Copyright Act shall not be infringed by means of reproduction, performance, public transmission, exhibition, distribution, lending, or preparation of a derivative work.

1. On October 6, 2013, the Defendant joined the Internet website B, 122, and 206 (htp:/www.www.cosk.cosk.k/) as AD members, and around November 6, 2014, the Defendant, within the F shop operated by the Defendant located in Seoul Special Metropolitan City, Nowon-gu, he/she shared, as his/her copyright, the language “H” (mail number I) copyrighted by the victim G, a copyright holder, on the bulletin board of the said T disc site, to enable an unspecified number of people to receive transmission.

2. On November 25, 201, the Defendant joined an Internet website (htp:/ as Adi J and A, A, and on December 14:23, 2014, the complainant Co., Ltd. opened a cinematographic work “Memento” (bat number 21802625) in which the copyright was copyright, and shared by an unspecified number of people.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of each evidence screen data, each written complaint, and each statute;

1. Article 136 (1) 1 of the Copyright Act and Article 136 (1) 1 of the same Act concerning criminal facts and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;