logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2014.05.15 2013고정3833
저작권법위반방조
Text

The sentence of punishment against the Defendants shall be suspended separately.

Reasons

Punishment of the crime

Defendant

A is the representative director of Company B, and Defendant B is a corporation established for the purpose of software development, online services, etc.

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

1. Defendant A

A. Around December 26, 2011, a member in whose name the Defendant’s management D’s D’s name was infringed upon the victim’s copyright by downloading the film files of the title “F,” which the victim E has copyright, to the contrary without the victim’s consent.

On December 26, 2011, the Defendant aided and abetted the commission of the crime of the non-name member habitually for the purpose of profit-making, such as not taking technical measures to prevent copyright infringement, even though he/she knew that the member in the name is infringing on the copyright of the victim.

B. On December 27, 2011, a member in charge of the Defendant’s G name-based trade name infringed on the victim’s copyright by downloading the film files of “F” in which the victim E has copyright at the above site without the victim’s consent.

On December 27, 2011, the Defendant: (a) knew on the website that a member in the name of the Defendant was infringing on the copyright of the victim; and (b) did not take technical measures to prevent copyright infringement; and (c) aided and abetted the commission of a member in the name of the Defendant by facilitating the crime of a member in the name of the victim for profit.

2. Defendant B, the Defendant, at the same time and place as paragraph (1), aided and abetted the Defendant’s act of infringement of copyright as above.

Summary of Evidence

1. Each legal statement of the Defendants (as of the date of the 8th trial of the court below after the remanding);

1. Each police statement of H;

1. A complaint;

arrow