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(영문) 서울남부지방법원 2014.11.11 2013고정2666

저작권법위반방조

Text

Defendants shall be punished by a fine of KRW 4,000,000.

Defendant

A fails to pay the above fine; 50.

Reasons

Punishment of the crime

Defendant

A is a representative director of Geumcheon-gu Seoul Metropolitan Government E-building No. 1803, who operates a web 'F' site, and Defendant B is a corporation established for the purpose of online information provision business, etc., which is a company that members acquire in the way of collecting fees when they run the video on the web gate and download.

1. On April 9, 2012, Defendant A, who is a member of the FID “G”, made it easy for an unspecified site users to easily get out of the said copyrighted work by means of reproduction, public transmission, and distribution of the copyrighted work, which is the copyright holder, by taking advantage of the fact that the files owned by the FID “B” were reproduced without the consent of the copyright holder, and published on the web humfa bulletin board, and without the consent of the copyright holder, extracted from the DNA or the humfa value of the copyrighted work posted on the website. After analyzing the humfa, the Defendant neglected posting of the copyrighted work by not using the humfa and huming system that can easily delete the copyrighted work, and thereby allowing them to easily get out at any time.

In addition, from March 20, 2012 to April 24, 2012, the Defendant assisted the F members to easily transmit, transmit, and distribute the works of copyright holders in the same manner with respect to the total 172 illegal works posted on the online bulletin board as follows. (However, as seen below, Nos. 2, 15 through 17, 20, 23, 25, 30, 35, 43 through 45, 51 through 55, 63, 64, 66 through 70, 72, 77, 78, 87, 96, 117, 120, 122, and 138).

2. Defendant B, who is the representative director of the Defendant at the above temporary border, is the defendant’s business as above.