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(영문) 대구지방법원 2016.06.23 2016고정976

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 person shall infringe upon any author's property right or other property rights protected under the Copyright Act by means of reproduction, public performance, transmission, exhibition, distribution and lending to the public by means of preparation of a derivative work.

Nevertheless, from August 2015 to September 2015, the Defendant connected to “C”, a file sharing site, using a computer in the Defendant’s residence located in Daegu Suwon-gu, Daegu-gu, the Defendant infringed upon the copyright holder’s copyright by allowing an unspecified number of members adjacent to the said site to download, without permission, by allowing F, a copyright holder to receive a novel where the copyright holder owns the copyright, “B,” “B,” “B,” and “B, a copyright holder,” and “B,” and “N, a copyright holder, to receive a variety of unspecified members who have access to the said site without permission,” respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of H, J, D, F, N and L;

1. Each complaint;

1. The registration certificate of each copyright;

1. Application of the Acts and subordinate statutes to photographs and photographs of each course of study;

1. Relevant Article 136 (1) 1 of the Copyright Act concerning facts constituting an offense and Article 136 (1) 1 of the same Act concerning the selection of punishment (excluding punishment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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;