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(영문) 대구지방법원 2019.05.09 2019고단104

저작권법위반

Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of four months.

except that from the date of this judgment.

Reasons

Punishment of the crime

1. Defendant A is an operator of “C (D, hereinafter, etc.)”, which is an illegal cartoon business site.

From September 2015 to May 10, 2018, the Defendant opened a cartoon site using the U.S. web server, which is an illegal cartoon site that can freely see the illegal cartoon, etc. in the building F of the Gwanak-gu Seoul Special Metropolitan City E and the building H of Busan Special Metropolitan City from around September 2015, the Defendant stored the image file of the cartoon, which is called “I”, a cartoon site using a personal hard disc, and without the consent of the copyright holder, stored the class 2,862 of the cartoon work, such as “K,” which he holds copyright, on 69,340 occasions, and acquired criminal proceeds equivalent to the total amount of KRW 215,683,948.

Accordingly, the defendant habitually infringed the victims' property rights for profit.

2. From November 2016 to May 10, 2018, Defendant B performed the work of searching and editing cartoons to run an illegal cartoon site C using A’s computer in order to assist Defendant B from operating the cartoon site with the knowledge of the operation of the cartoon site, as seen above, and aided and abetting A to easily infringe property rights by receiving KRW 33,235,00,00 in total in return for that work, including “K,” which is owned by J, as described in the list of crimes in the attached Table, 69,340.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning suspect examination of L;

1. A preliminary inspection report on an illegal cartoon sharing site, the details and summary of the inspection, detailed inspection details, and profit structure;

1. Details of all notices posted on illegal reproductions (C);

1. Investigation reports (to secure evidential materials to the effect of a posted work), comic cans, illegal reproductions;