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(영문) 인천지방법원 2018.10.10 2017고단5456
저작권법위반등
Text

The defendant's judgment "2017 High Order 5456, 6722 (Joint), 7602 (Joint), 7606 (Joint), 8049 (Joint), 8189 (Joint), 8189 (Joint).

Reasons

Punishment of the crime

On June 27, 2017, the Defendant was sentenced to a suspended sentence of 8 months for a violation of the Copyright Act by the Incheon District Court, and the judgment became final and conclusive on July 21, 2017.

No person of "2017 Highest 5456" shall infringe any other person's property right, etc. by means of reproduction, public performance, public transmission, exhibition, distribution, etc.

Nevertheless, around September 26, 2016, the Defendant opened a film work, which is a film work of which a limited company is entitled to reproduction, transmission, and distribution, without permission of the copyright holder, up to 34 times in total from around the above day to May 1, 2017, by accessing the file htp (htp:/www. /W. ftilb long.com), which is an Internet file sharing site (htp) in Michuhol-gu, Incheon, and 301, so that many unspecified site members can download without permission of the copyright holder.

Accordingly, the defendant infringed on the author's property right of copyright holders.

No person of "2017 Highest 6722" shall infringe any other person's property right by means of reproduction, public performance, public transmission, exhibition, distribution, rental, or secondary works.

Nevertheless, on January 12, 2017, at the defendant's house located in Michuhol-gu Incheon Metropolitan City D and 301, the defendant reproduced video works and opened them to the web hard, and had an unspecified number of members of the web site download it, and then reproduced "in the computer file format" using a program, "influen prior", a video work owned by a copyright holder's coer, an entertainment business operator, for the purpose of obtaining the cost for reproduction, transmission, and distribution, using a program, "influened animal", which is a video work owned by the copyright holder, for the purpose of obtaining the cost for reproduction.

Accordingly, the defendant has a right to property of the victim by reproducing the above video works owned by the victim for profit.

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