The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. According to the evidence submitted by the Prosecutor, the Defendant was aware at the time that each of the instant copyrighted works was converted to avoid the automatic reception system of the web site, and the Defendant committed the instant crime under the criminal intent of distributing each of the instant copyrighted works illegally on the premise of such recognition.

Nevertheless, the court below acquitted the defendant, which is erroneous in the misapprehension of facts and affected the conclusion of the judgment.

2. Determination

A. The facts charged in the instant case may not be infringed by means of reproduction, performance, public transmission, exhibition, distribution, lease, or preparation of derivative copyrighted works without the permission of the holder of the author’s property right or other rights protected under the Copyright Act.

On March 30, 2017, the Defendant: (a) connected a file box (htp: /W. wwwm.com) which is an Internet file sharing site in the Incheon Gyeyang-gu’s residence to AE, and opened a file of a video work with an AE, “E” (i) sent number 54846315”; (b) on May 15, 2017, ② on May 15, 2017, the notice number 57308135”; (c) on the bulletin number 5730871” (i) posted number 5730871” (i) posted number 573087.

Accordingly, the Defendant, even though he did not have obtained permission for the work of the UN Cases, infringed upon the property right of the entertainment in the United Nations case by distributing it to many unspecified persons in the way of downloading it.

B. In full view of the following circumstances acknowledged by the records of this case, the lower court, based on the evidence submitted by the prosecutor, was aware that the Defendant illegally distributed each of the instant copyrighted works to the Defendant at the time of the instant case.

The reason is that there is no proof of the crime.