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(영문) 서울서부지방법원 2014.10.15 2014고단2303

변호사법위반

Text

A defendant shall be punished by imprisonment for one year.

140,000,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

While the Defendant operated D Co., Ltd. (hereinafter “Defendant Co., Ltd.”) from August 2012 to April 2013, the Defendant entered into a “contract for the management of the right of publicity,” with the content that, in the event that the agreement is known, the Defendant would detect the case of infringement of portrait rights of entertainment planning companies E (the representative F) and the relevant entertainment planning company, and receive the agreed amount, and would receive the agreed amount at least 30% of the agreed amount received.

Since then, the Defendant, through the employees of the Defendant Company, collected data on the cases of posting the pictures of the relevant artist without permission. Around July 19, 2013, the Defendant sent to G Co., Ltd. a public notice stating the “matters to immediately suspend the act of infringement, to request consultation on the infringing user fee,” and then agreed to receive 6 million won as compensation for damages from G Co., Ltd. on August 16, 2013. On August 16, 2013, 6.6 million won was transferred to the Defendant Company’s account under the title “A letter of payment of royalties,” and the Defendant drafted a written agreement from February 26, 2013 to May 26, 2014, and received 496 billion won for delivery of documents, inducement of criminal agreement, receipt of fees, and other legal acts, and acquired 500,500,500,000,000 won in the same way as written in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement of H, I, J, K, L, M, N, P, Q, R, R, and T;

1. A written statement of I, U, V, and W;

1. Each investigation report;

1. Fees for certification of contents, each power of attorney, each reply, each contract for the right of publicity management, each certification of contents, etc.;