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(영문) 서울남부지방법원 2016.08.24 2016고정1343

저작권법위반방조

Text

Defendants shall be punished by a fine of one million won.

Defendant

B If the above fine is not paid, 100,000.

Reasons

Punishment of the crime

Defendant

A is a corporation established for the purpose of the online information providing industry, etc., which operates C, which is an Internet file sharing site, and Defendant B is the representative director of A (hereinafter referred to as “A”).

1. Although Defendant B had a duty to prevent copyright infringement on a copyrighted work within “C” of the Internet web hard site operated by A as the representative director at the office of Geumcheon-gu Seoul Metropolitan Government D and 413 from Sept. 15, 2015 to Nov. 2015, the Defendant did not take proper measures to prevent copyright infringement, such as establishment of a string program, extraction of the unique harmful value of the pertinent copyrighted work, etc. at the request of copyright protection, and elimination of unlawful copyrighted work, and rather did not take measures to prevent copyright infringement, such as detection and withdrawal by the members who operated the copyrighted work. Rather, Defendant B, as the representative director at the office of Geumcheon-gu Seoul Metropolitan Government D and 413, had a duty to prevent copyright infringement on the copyrighted work, such as payment of part of money paid by the members who operated the copyrighted work, made it possible for the complainant Co., Ltd., Ltd. to freely receive “30, 198, 200, 300,000”).

Accordingly, the defendant, for the purpose of profit-making, has been prevented by facilitating copyright infringement by the members of the above "C" site.

2. Defendant A Defendant A’s representative director, the representative director of Defendant A, assisted the act of infringement of copyright for the purpose of profit-making as above in relation to the Defendant’s business at the same date and place as

Summary of Evidence

1. Defendants’ respective legal statements

1. A complaint, a written statement of E;