저작권법위반
Defendant shall be punished by a fine of two million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
In a case where an infringement of the same work under a single and continuing criminal intent repeatedly committed for a certain period of time, an offense is established by universal title (see, e.g., Supreme Court Decision 2011Do12131, May 10, 2012). A summary order for a part of the criminal facts related to a single comprehensive crime has become final and conclusive, and the indictment was amended to withdraw the facts charged with respect to the relevant part.
[2015 High Court Decision 2016] On April 2, 2014, the Defendant infringed on the author’s property right by downloading and distributing the victim’s literary work “D” to the “bit disc,” which is an Internet file sharing site, at an influorous place (e.g., an Internet file sharing site).
【2015 High Court Decision 299】 On March 24, 2014, the Defendant infringed on the author’s property right by distributing the victim F’s literary works, H’s “G”, “H”, and “I” to a large number of unspecified people, from the Defendant’s home at the Sinpo City E and 401.
【2015 High 301】 The Defendant infringed on the author’s property right by distributing the victim F’s literary work “G”, “H”, and “I” to an Internet file-sharing site at the Defendant’s home located in Sinpo-si E and 401 on March 21, 2014, as well as by distributing it to the victim F’s literary work so that many and unspecified persons may share the same.
C. From the 30th day of the month, each author’s property right was infringed by the same method over 13 times in total, such as the statement Nos. 2 to 14 in the annexed list of crimes.
[2015 High 302] On February 13, 2014, the Defendant, at the Defendant’s home located in the Manan-gu jurisdiction, distributed a video file of the “live file”, which is an Internet file-sharing site, at the Defendant’s home located in the Manan-si jurisdiction, for the purpose of enabling an unspecified number of people to share a video file of the “lives”, which is a cinematographic work managed by the victim Kundo International Limited Liability Company. On March 24, 2014, the Defendant is an Internet file sharing site at the same place.