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(영문) 서울북부지방법원 2015.03.12 2014고단4211

저작권법위반

Text

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

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

Reasons

Punishment of the crime

On March 12, 2014, at around 02:47, the Defendant opened the Internet web site “Stp” (htp:/sarte.co.co.), which is operated by the Smart City Co., Ltd., and opened up a series of 01-20 instances, a video file of the victim’s SS SP EsP’s cinematographic work, as indicated in the attached list of crimes, and sent 703 cinematographic works to many and unspecified persons who connect it to the above site, so that they can download them.

On the other hand, at around 11:40 on April 30, 2014, the Defendant applied for a cash transfer of 400,000 points accumulated by the Defendant from many unspecified persons in return for downloading a cinematographic work that he/she opened on the above website, and received KRW 200,000 in cash from the above company as a new bank account in the name of the Defendant designated on May 8, 2014.

Accordingly, the defendant infringed the victims' copyright for profit.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 136 (1) 1 of the Copyright Act concerning facts constituting an offense;

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

1. It is so decided as per Disposition on the grounds of Articles 70(1) and 69(2) of the Criminal Act or above;