저작권법위반등
Defendant shall be punished by imprisonment with prison labor for up to six months and by a fine of up to one million won.
When the defendant does not pay the above fine.
Punishment of the crime
[Criminal Power] On January 25, 2018, the Defendant was sentenced to one year of suspension of the execution of imprisonment for a violation of the Road Traffic Act at the Jeju District Court on June 25, 2018, and the said judgment became final and conclusive on February 2, 2018.
【Criminal Facts】
The defendant of "2018 High 179" is a person who has operated C entertainment tavern in the second floor of the Jeju-si B building.
On June 8, 2017, at around 22:00, the Defendant violated the Copyright Act by allowing a large number of unspecified customers to play musical works, which are a musical work entrusted and managed by C entertainment tavern in C, an incorporated association, without permission of the copyright holder, in a way of singing and singing to an unspecified number of customers without permission of the copyright holder.
The Defendant, around 22:40 on July 19, 2017, operated the entertainment tavern, “I” located at Jeju H, thereby infringing on the copyright property rights by setting up the valley, “K,” which is a copyrighted musical work of J writers and valley, without obtaining D’s authorization to use the copyrighted musical work, an incorporated copyright trustee, for the said copyrighted work.
On November 2017, 2017, the Defendant stated to the effect that “The Victim N was responsible for the construction work to reduce the construction cost if the M performance hall construction work is dismissed.”
However, at the time, the Defendant did not have any income due to the aggravation of the management of the drinking house operated by the Defendant from April 2017, and had financial rights, such as loans of KRW 12 million to theO, and the National Tax Service, etc., and there was a situation where it is difficult to pay the above performance hall deposit to the extent that it is difficult to do so. Therefore, even if the Defendant had the said creative work done so, the Defendant did not have any intent or ability to pay the construction price.
Accordingly, the Defendant deceivings the victim as above, and thereby, 32. The construction cost from November 2017 to January 2018 is paid to the victim.