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(영문) 인천지방법원 2019.07.16 2019고단3389

저작권법위반방조

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

Punishment of the crime

The Defendant is a person who produces and operates a mobile application called “B (C, D)” that can see the images linked from December 17, 2015.

No person shall infringe upon another person's author's property right or other property rights protected pursuant to the Copyright Act by means of reproduction, performance, public transmission, exhibition, distribution, lending, or preparation of a derivative work.

Nevertheless, around August 27, 2018, the Defendant operated the above language application in the Defendant’s residence located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon. On the website of “F” or “G,” etc., the Defendant copied the video work file of “I” in which (a) H had copyright, and posted it in the above language application by reproducing the video work file of “I” in which (b) H had copyright by means of “direct provision of copyrighted works” (Embed onek).

The above “F website, etc.,” which is a video sharing site in France, is a site that connects copyrighted works to “work directly provided (Embedded onek)” without the consent of the copyright holder, and individual transmission was made so that the right to transmit the copyrighted works, etc., which are made available to the public, can be understood by string without the movement of the site, by allowing the use of the screen to be displayed directly on the site and to be displayed on the screen without the movement.

The Defendant, while being well aware of such circumstances, up to 12 times in total, posted the link posts posted on the said F website, etc. using a reproduction program as seen above, thereby facilitating the infringement of the right to transmit the false names, thereby facilitating the act of infringing the right of transmission by the false names, as described in the attached list of crimes, and “B” is the same as in the attached list of crimes from around that time to September 7, 2018.

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