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(영문) 인천지방법원 2014.02.21 2013고정4716
저작권법위반
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

No person of "2013 High 4716" shall infringe his/her right by means of reproduction, performance, public transmission, display, distribution, lease, or preparation of a derivative work of author's property right or other property rights protected by the Copyright Act.

Nevertheless, at around 18:50 on April 12, 2013, the Defendant received the file of “D” literary works owned by the victim C through the Internet P2p sharing program at the Defendant’s residence, and distributed them to unspecified members through the said sharing program;

Accordingly, the defendant infringed the victim's property right.

On May 6, 2013, the Defendant infringed on the victim’s author’s property rights by displaying and distributing the victim’s property rights to a large number of unspecified people who connected the victim C with using the above program, using the “YE” p2p sharing program on the Internet at the Defendant’s residence.

Summary of Evidence

"2013, 4716"

1. Response to communications data;

1. The accusation "2013, 4717";

1. Application of Acts and subordinate statutes, such as a complaint (E) and a complaint (F);

1. Article 136 (1) 1 of the Copyright Act and Article 136 (1) 1 of the same Act and the selection of fines for crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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