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(영문) 서울남부지방법원 2016.11.29 2016고정2133

저작권법위반방조

Text

Defendant

A shall be punished by a fine of KRW 3,000,000, and by a fine of KRW 3,000,000, respectively.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A is a corporation established as a representative director of "B" and operated the said corporation and site by establishing C, which is a web site, and Defendant B is a corporation established for the purpose of digital content distribution and sale.

Victim's can media is a corporation established for the purpose of the manufacture, reproduction, service, and domestic and foreign sales of video works such as video at 10,000, 75-ro 75-ro, Gangnam-gu, Seoul, with the copyright and value-added rights acquired from the original copyright holder for the "the complete method that steals the cinematographic works", "the sexual dystyrization price", and "the complete method that steals the dog".

1. Defendant A had a duty to take necessary measures, such as technical measures to block illegal forwarding of copyrighted works in accordance with the Copyright Act (such as establishment of a pening program, such as deletion of illegal copyrighted works by extracting a specific language, the unique sea value, etc. of the relevant copyrighted works requested for copyright protection, and detection, withdrawal, etc. of illegally copyrighted works), despite having a duty to take such measures, Defendant A did not take such measures as infringement of copyright, but rather had the duty to encourage or facilitate the act of downloading illegal copyrighted works, such as payment of part of money paid by the member who opened digital copyrighted works to the member who opened the digital copyrighted contents.

Defendant

From May 28, 2015 to December 29, 2015, “Co. B” offices located in Guro-gu Seoul Metropolitan Government D and 302 from May 28 to December 2015, 2015, “The complete method that steals the victim’s copyright, such as the list of crimes in attached Form 302, is that the illegal business has been carried out over 335 times in total, and many and unspecified members of the above “C” website can freely download it.

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