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(영문) 대전지방법원 천안지원 2018.04.13 2017고단2325

저작권법위반

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal record] On September 22, 2017, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution on the grounds of a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials) in the Daejeon District Court’s Support for the Incheon District Court on September 22, 2017, and the judgment was finalized on January 25, 201

[Criminal facts]

1. No person who committed the crime from around September 16, 2013 to February 24, 2014 shall infringe upon the author’s property rights and other property rights protected by the Act by means of reproduction, performance, public transmission, exhibition, distribution, lease, or preparation of secondary copyrighted works.

Nevertheless, on September 16, 2013, at the defendant's house located in Ansan-si, a member-gu, Ansan-si, the defendant sent an AD (D) image to the Internet "beb disc" site without permission of the copyright owner, and distributed it as a business.

In addition, the Defendant, from that time until February 24, 2014, 776 times in total, distributed video works to many and unspecified persons without a copyright holder’s permission in the same manner as the one of the attached crime circulation table 1. In return, the Defendant was paid KRW 940,000 to the bank and the national bank account in the name of the Defendant.

Accordingly, the defendant infringed the copyright owner's property right for profit-making purpose.

2. No person who committed the crime from around March 11, 2014 to May 23, 2014 shall infringe upon the author’s property rights and other property rights protected by the Act by means of reproduction, performance, public transmission, exhibition, distribution, lease, or preparation of secondary copyrighted works.

Nevertheless, at around 14:10 on March 11, 2014, the Defendant, at the Defendant’s house located in Ansan-si Group B, had access to the Internet’s “Smart file” website to Add’E (D’), and distributed the said images as a video work without the copyright holder’s permission.

In addition, the Defendant’s attached Form 234 times from that time until May 23, 2014.