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(영문) 서울북부지방법원 2018.01.16 2017고정1985

저작권법위반

Text

Defendant shall be punished by a fine of KRW 400,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On September 2016, the Defendant joined the “M file” website (www.mftile.co.kr) as a member (closed: B), a provider of online online file sharing services.

No infringement shall be done by means of reproduction, performance, public transmission, exhibition, distribution, lease, or preparation of secondary works, of property rights or other property rights protected pursuant to this Act.

Nevertheless, on December 14, 2016, at the Defendant’s domicile located in Dongdaemun-gu Seoul, the Defendant opened a video work, a copyright holder’s copyright holder’s copyright, for 30 times in total by January 26, 2017, including, but not limited to, a video work, a video work, a video work, the copyright holder of which “heerer Bros. Enitton” holds, as a copyright, at the Defendant’s domicile located in Dongdaemun-gu Seoul.

Accordingly, the defendant infringed the complainant's property right.

Summary of Evidence

1. Complaints and written statements of E;

1. A criminal investigation report (the confirmation of the web site);

1. Copyright registration certificate;

1. Application of Acts and subordinate statutes on evidentiary materials without infringing on copyright;

1. Relevant Article 136 of the Copyright Act and Article 136 (1) 1 of the same Act and the selection of fines for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;