beta
(영문) 대구지방법원 2016.05.09 2016고정277

저작권법위반

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

No person shall infringe upon any author's property right or other property rights protected under the Copyright Act by means of reproduction, performance, public transmission, exhibition, distribution, lease, or preparation of a derivative work.

1. On August 2015, the Defendant, at the Defendant’s home located in Daegu Suwon-gu B around August 2015, connected a file file file file file file file file sharing site (www.ftilon.com) using a computer, and infringed the victim’s right of public correspondence among the Defendant’s copyright by making the victim’s novel “D” in his/her copyright open business without permission.

2. On September 2015, the Defendant committed early September 2015, the Defendant infringed on the victim’s copyright’s right to public correspondence by accessing the file file file file file file file file (www.ftilon.com) at the Defendant’s home, using a computer at the Defendant’s house, and downloading the victim E’s “F” in his/her copyrighted work without permission.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement E and C;

1. Each complaint;

1. The registration certificate of each copyright;

1. Application of Acts and subordinate statutes to data by cutting down a notice and cutting down the file mixed site;

1. Relevant Article 136 (1) 1 of the Copyright Act concerning facts constituting an offense and Article 136 (1) 1 of the same Act concerning the selection of punishment (excluding punishment);

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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