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(영문) 대구지방법원포항지원 2020.09.16 2020고단969

저작권법위반

Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

[200 Highest 969]

1. No person shall infringe upon author's property rights or other property rights protected pursuant to the Copyright Act by means of reproduction, performance, public transmission, exhibition, distribution, lease, or preparation of secondary works;

A. On March 3, 2020, around March 3, 2020, the Defendant: (a) connected the Internet file sharing website “D” to the “E” at the place of residence located under the building B of the Nam-gu building B at port; (b) connected the victim F’s film “G” holding the exclusive publication right to which he/she had the exclusive publication right; and (c) distributed the film to enable unspecified site users to download the said film.

B. On March 8, 2020, the Defendant committed a crime around March 8, 2020 plus around March 8, 2020.

At the place indicated in paragraph (1), the Internet file sharing website “D” was connected to “E,” and the victim H opened the film “I” holding the exclusive publication right, thereby allowing unspecified site users to download the said film.

"200 Highest 1026"

2. No person shall infringe upon author's property right or other property rights protected under the Copyright Act by means of reproduction, performance, public transmission, exhibition, transmission, distribution, lease, or preparation of secondary works;

On May 20, 2020, the Defendant: (a) connected the Internet file sharing website “D” to a place where no address is known; (b) distributed film “K,” the copyright of which is held by the Dispute Resolution Co., Ltd., to a large number of unspecified people, so that they could download the film.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of L and M;

1. Ascertainment of each complaint, each right document, the provision of information pursuant to the request for the provision of information on the reproducers and transmitterss, identification of the suspect's account, closure data on G distribution, closure data on I distribution, closure data on copyrighted works distribution, closure data on copyrighted works distribution and account of the distributors.

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