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(영문) 부산지방법원 2013.06.13 2012고정285

저작권법위반방조

Text

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

Defendant

B If the above fine is not paid, 50,000.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a company operating Internet sharing website D, and Defendant B is a representative director of Defendant A Co., Ltd. who operated the above company.

The members of the above D website set up “E”, “F”, “G”, “H”, “I”, and “J set up a notice from February 9, 201 to April 23, 201 by the Victim’s mother Co., Ltd. to run a “new picture company” with copyright, and posted “K,” “L,” and “M” as a type of “O, P, the victim N’s member with the ID’s copyright owned from June 17, 201 to July 1, 201 so that each other member can get the victim’s right to be released. < Amended by Presidential Decree No. 23290, Apr. 23, 2011>

Defendant

B The act of posting and transmitting a work protected by copyright on a shared website is continuing. Although it is predicted that the act of distributing such files is most illegal reproduction without legitimate permission, the act of developing and operating a sharing program and installing and operating a server, obtained profits through the provision of convenience such as points and payment settlement to the users. Such illegal download and downloading act did not make efforts to block or block through DNA writinging, posting, warning, and establishment of a gold rule, and aiding and abetting illegal copyrighted works by continuously distributing them on the said website, etc., despite the request of the copyright owner, by failing to take appropriate measures.

Defendant

As above, Defendant B, the representative director of the corporation, revoked the complaint only against Defendant A Co., Ltd. with respect to his business, and the prosecutor also revoked the prosecution only for this part. The act of aiding and abetting in violation of the Copyright Act was committed against Defendant B.

Summary of Evidence

1. The witness N.N.

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