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(영문) 수원지방법원 성남지원 2014.06.05 2014고정246

저작권법위반방조

Text

Defendants shall be punished by a fine of KRW 1,500,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Criminal facts

Defendant

A is the representative director of corporation B located in the second 903 of the building C in Seongbuk-gu, Sungnam-si, and the defendant corporation B is a corporation established for the purpose of online information provision business around December 21, 2010.

1. No defendant A shall infringe upon author's property rights or other property rights protected pursuant to the Act by means of reproduction, performance, public transmission, exhibition, distribution, lease, or preparation of a derivative work;

A. The Defendant provided users with a storage space free of charge via the D website operated by B, a file sharing site, and allowed users to download the files they wanted by means of search function utilization, etc. On the other hand, when downloading the files, the Defendant raised profits in proportion to the quantity of the download or by collecting the user fee at a fixed amount.

On August 20, 2012, a member of the above D website, opened a video file, which is a cinematographic work of the victim more compactact corporation, at the above D site, so that other users can download the file. In addition, around August 20, 2012, from around August 20, 2012 to August 23, 2012, the cinematographic work as described in attached Table 1 of the daily list of crimes was operated in the above method as above, and made many unspecified users easily reproduce and receive transmission of each of the above cinematographic work, thereby infringing the copyright of the victim.

In doing the above acts, the Defendant’s act is a simple technical measure, such as the fact that a video work subject to copyright protection is being distributed illegally on the above website, and that a simple technical measure, such as search prohibition, cannot prevent the distribution of illegal copyrighted works, and in order to substantially prevent illegal circulation.