Defendant

A shall be punished by a fine of 3,00,000 won and by imprisonment of 8 months for each of the defendants B.

Defendant

A The above fine shall be imposed.

Punishment of the crime

Defendants were operating a cartoon sharing site from December 25, 2018 to April 23, 2019.

The Defendants distributed illegal copyrighted works to users through the above site, and posted advertising lots on the site to make profits.

From December 25, 2018 to April 23, 2019, Defendants can can 6,906 cartoon works with copyright held by others, and “infringed amount” in the attached list of crimes attached to the indictment of this case as indicated in the list of crimes attached to the indictment of this case was posted on the website 98,926 times as indicated in the omitted box, and acquired advertising profits of KRW 12,00,000 by inviting 140,294 members.

Accordingly, the Defendants infringed the author’s property right by means of reproduction, public transmission, display, distribution, etc. for profit.

Summary of Evidence

1. Defendants’ respective legal statements

1. A preliminary investigation report;

1. Seizure records;

1. Each investigation report (the attachment of evidential data and results of analysis of seized materials after closure of the screen of the work to be posted);

1. Evidence analysis report, results of the analysis of evidence, details of notices posted by C Operators (98,926) and C Membership List (140,294);

1. (Seizure) Application of the CD-related Acts and subordinate statutes to the CD-related data seized from the “C” servers;

1. Defendants: Article 136(1)1 of the Copyright Act, Article 30 of the Criminal Act (exclusive of infringing works), and Article 30 of the Criminal Act, and Article 136(1)1 of the Act, and Article 30 of the Criminal Act, and Article 136(1)2

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

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant B: Article 62 (1) of the Criminal Act;

1. Defendant B of the community service order: Article 62-2 of the Criminal Act;

1. The Defendants: Article 139 of the Copyright Act

1. Defendant B: The case is examined according to Defendant B’s statement under Articles 10(1) and 8(1)1 of the Act on Regulation and Punishment of Criminal Proceeds Concealment.