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(영문) 수원지방법원 성남지원 2016.01.08 2015고단1840

저작권법위반

Text

Defendant

A and B Imprisonment with prison labor for one year and six months, and each of the defendants C, D and E shall be punished by imprisonment for six months.

However, the defendant C, D, .

Reasons

Punishment of the crime

[Criminal Records] Defendant A was sentenced to imprisonment with labor for a violation of the Punishment of Violences, etc. Act (joint injury) at the Seoul Western District Court on July 8, 2015 and the decision was finalized on July 16, 2015.

[ criminal facts] No person shall infringe upon any author's property right or other property rights protected under the Copyright Act by means of reproduction, performance, public transmission, exhibition, distribution, lease, or preparation of a derivative work.

1. On August 2010, Defendants A and B knew of the fact that the partial modification of the contents of the game program provided by the UN CCF, Inc., a copyright holder of the branch of online game, could, if distributed, circumvent access to the server desired by the Defendant rather than the regular game server operated by the copyright holder. Defendant A and the Defendants had the public access to the server it opened and let the game use the game, and then had the game users use the game, and had the game users enjoy profits by reproducing and selling the “indo,” the “indo,” the game items, to the game users connected to the private server.

From August 2010 to July 2015, Defendants (the direct operation of Defendant A until June 20, 2015) opened the said server’s address at the home of Defendant A, Defendant B’s house located in Mapo-gu Seoul, 102 Dong 1902 Dong 1902, and Defendant B’s house located in Eunpyeong-gu, Seoul I apartment complex 102 Dong 203, and opened the said server’s private house, “J,” “K,” “L,” and “M,” etc., posted the said server’s address on the Internet site, and made it possible for unspecified users, who access to the said server by revising the said server, if any, or if necessary.

During the above period, the Defendants created game items, such as “A”, while operating the private server, and make cash to the game users via the Internet site “N” and “O.”