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(영문) 부산지방법원 동부지원 2014.04.21 2014고정54

저작권법위반방조등

Text

Defendant

A shall be punished by fine for negligence of KRW 8,000,000, and by fine of KRW 7,000,000.

Defendant

A above.

Reasons

Punishment of the crime

Defendant A is the representative director of corporation B, which operates the web 'C' site, and Defendant B is a corporation established for the purpose of online information provision business.

1. Defendant A was aware of the fact that various data traded through the above website were illegal online contents, such as motion pictures without obtaining permission to use copyright.

Nevertheless, the defendant allowed the above site members to download various online contents on the above site and allowed other members to download online contents on the above site.

With the knowledge that online contents subject to author's property rights are illegally distributed through the above site, the Defendant neglected to take appropriate measures to prevent such infringement, while inducing members to receive 10MB's online contents on one point, while implementing a rating system from Grades 1 to 5, set up points of 30-50% of the downloadd amount to online contents business operators, and exchange 50% of the accumulated points when wanting to exchange cash, such as 'minimum/unsold sealing', 'Korean film', and 'Korea film', etc.

As such, the Defendant recruited members through the provision of various convenience so that they can download online contents subject to the protection of author’s property rights and can download them to members who want to download, thereby facilitating the act of infringing author’s property rights by facilitating the act of infringing the author’s property rights as follows.

December 2, 2012