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(영문) 서울중앙지방법원 2020.01.21 2019고단3167

저작권법위반

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

No person of "2019 Highest 3167" shall infringe on author's property rights or other property rights protected pursuant to this Act by means of reproduction, performance, public transmission, exhibition, distribution, lending, or preparation of secondary works.

The Defendant, with the knowledge of the fact that the points paid when members receive a third party’s work from a web site, was set aside on his own when he receives it, and that it may be used by converting it into cash, had the Defendant feel to gain profits by putting another person’s work on business.

On May 11, 2018, the Defendant, at the Defendant’s home located in Seoul, Gangnam-gu, Seoul, and C, connected the Internet web site D with AE, and opened a screen so that a large number of unspecified people can download film files held by F, a corporation, from that time to November 21 of the same year, the Defendant used 18,770 video files on the 20 web site as described in the attached Table 1 of the crime committed in the attached Table 1, from that time, from that time, up to November 21 of the same year.

Accordingly, the defendant infringed on another person's property right.

Since it is determined that there is no substantial disadvantage to the defendant's exercise of his/her right to defense, the "Habitual" shall be deleted for profit-making purposes without the amendment procedure of indictment.

The Defendant, “2019No4273, 201,” knowing that if members run another’s work on the Internet web site, part of points paid when members receive download, he/she set up and used it in cash, he/she had the knowledge that he/she may work another’s work, and had the mind that he/she will receive profits from it.

On September 3, 2018, the Defendant, at around 22:51, 201, connected the Defendant’s residence in Gangnam-gu Seoul Metropolitan Government B and C to AE to the website H, and the Victim I Co., Ltd.