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(영문) 서울남부지방법원 2017.05.31 2017고정450

저작권법위반방조

Text

Defendants shall be punished by a fine of KRW 5,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is the actual operator of the interest of the representative director of B, a corporation operating the Internet web website “C”, and Defendant B, a corporation established for the purpose of operating “C” and providing Internet content services and online information.

1. Defendant A’s Defendant A’s participation on its website

Despite the knowledge of the fact that various data traded are digital content without copyright use, many unspecified members are allowed to run various digital content on the website, and other members are allowed to get digital content.

From May 20, 2016 to July 16, 2016, “C” members run a video work “D”, which has copyright, on the victim corporation’s website, over a total of 571 times, as shown in the list of crimes, from May 20 to July 16, 2016.

Nevertheless, the Defendant neglected to take measures for the prevention of copyright infringement, such as deletion of upcoming files or taking technical measures, even though he/she knows that he/she had copyright on the “C” website at the Geumcheon-gu Seoul EB office, Geumcheon-gu, Seoul., the Defendant, despite being aware of the fact that he/she had a video work “D” and distributed it so that members of the website can freely download, without taking measures for the prevention of copyright infringement.

Accordingly, the defendant assisted the defendant's act of infringing the copyright of the copyrighted work held by the victim compliance company.

2. Defendant B, Defendant B, the representative of the Defendant, committed the same act as the Defendant’s business.

Summary of Evidence

1. Defendant A’s legal statement

1. A complaint and subparagraphs 1 through 4 above;

1. Investigation report (report on telephone conversations with complainants);

1. All certificates of registration (stock company B).