beta
(영문) 서울중앙지방법원 2014.06.19 2014고정2287

전기통신사업법위반등

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

1. From April 2013 to July 2013, the Defendant violated the Telecommunications Business Act: (a) operated the Defendant’s house located in Gwangju, 401 (D Building); (b) operated the “E” site without registration with the Minister of Science, ICT and Future Planning; (c) made it possible for other Internet users to download works, such as domestic broadcasting drama and arts programs stored in the said site’s computer; and (d) concluded an advertising agency contract with the said site to receive KRW 40-80 per case each time when the said site visitors character the exhauster.

Accordingly, the defendant conducted special value-added telecommunications services without being registered with the Minister of Science, ICT and Future Planning.

2. The Defendant operated the above “E” website as described in Paragraph 1 of Article 1 of the Copyright Act and, without the consent of the copyright holder, made it easy for unspecified site users to distribute copyrighted works, such as domestic and foreign movies, such as copyrighted materials downloads and motion pictures, to download and download, without the consent of the copyright holder, to facilitate copyright infringement.

Summary of Evidence

1. Defendant's legal statement;

1. Written accusation of the Federation of Korea Copyright Organizations;

1. E-mail screen of the Internet site;

1. Matters related to the accumulation of points;

1. E advertising materials;

1. Application of Acts and subordinate statutes to the seed file download and implementation data sent to E;

1. Article 95 subparagraph 2-2 of the Telecommunications Business Act, Article 22 (2) of the same Act on criminal facts (including where a person provides value-added telecommunications services without registration), Article 136 (1) 1 of the Copyright Act, and Article 32 (1) of the Criminal Act on criminal facts;

1. Selection of each alternative fine for punishment;

1. Statutory mitigation under Articles 32(2) and 55(1)6 of the Criminal Act (with respect to the crime of aiding and abetting a violation of the Copyright Act);

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

1. Article 70 of the Criminal Act for the Detention of Labor House Head.