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(영문) 대전지방법원 천안지원 2017.08.24 2017고정425

저작권법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No infringement shall be done by means of reproduction, performance, public transmission, exhibition, distribution, rental, or preparation of derivative works, of author's property rights or other property rights protected pursuant to this Act.

Nevertheless, around December 15, 2012, around 22:35, the Defendant reproduced and posted a literary work of the same content as the one attached to the list Nos. 1, 2012, posted on the Internet “E” bulletin board operated by the victim without the victim C’s consent, following the Internet operated by the Defendant, and without the victim’s consent.

In addition, from December 15, 2012 to December 25, 2013, the Defendant reproduced and posted the said literary work, which the victim had copyright, on three occasions, as indicated in the list of crimes attached hereto, from around December 15, 2012, to around December 25, 2013.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement protocol (C);

1. The defendant asserts that the closure screen attached to the complaint [the defendant acknowledged the facts constituting the facts charged, but is not guilty for the following reasons.]

In other words, the Defendant merely moved the article posted on the Internet NAV car page “E” bulletin board operated by the injured party, and the victim himself/herself should have taken measures so that it can not be displayed by copying or scraping the copyrighted works protected by copyright.

In addition, the act stated in the facts charged is aimed at public interest.

However, even if the victim did not take measures to make it impossible for him/her to do so while posting a letter on the bulletin board "E" operated by him/her, it constitutes an act of infringing the victim's copyrighted work.

The Internet posts that are subject to copyright protection shall be reproduced screen.