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(영문) 서울남부지방법원 2016.10.28 2016고정2229

저작권법위반방조

Text

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

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

Reasons

Punishment of the crime

B As the representative director of “A” corporation, a person who establishes a “C” website and operates the said corporation and site, and the Defendant is a corporation established for the purpose of distributing and selling digital content.

B Even though a copyright holder has a duty to take necessary measures such as technical measures to block illegal forwarding of copyrighted works in accordance with the Copyright Act (such as establishment of a pening program, such as deletion of illegal copyrighted works by extracting a specific language, the unique sea value, etc. of the relevant copyrighted works requested for copyright protection, and detection, withdrawal, etc. of members who run illegal copyrighted works), B did not take measures to prevent infringement of copyright, but rather did not encourage or facilitate illegal copyrighted works, such as payment of part of the money paid by the members who downloaded digital copyrighted contents to the members who run the copyrighted works.

B From October 3, 2015 to November 23, 2011 of the same year, at the office of “A” corporation located in Guro-gu Seoul Metropolitan Government D and 302, “A”, as shown in the attached Table of Crimes, “Apys of the female,” a cinematographic work with copyright, i.e., the victim’s “Am. EM”, 92 times, and “C” 745 times, 837 times in total, so that many and unspecified members of the “C” website can freely download it.

As a result, B, the representative director of the defendant, assisted the defendant's business by facilitating the copyright infringement of the members of the above "C" site for profit-making purposes.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. The police statement concerning F;

1. Devising C-site images, film classification certificates, and copyright unlawful contents.

참조조문