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(영문) 대구지방법원 서부지원 2014.04.24 2014고단156
저작권법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, with knowledge of the fact that if the Defendant runs a third person’s work on the Internet web hard drive drive and magnetic disc, part of points paid when members receive the download, was accumulated in his own profit, and that it may receive another’s work from the points or use it by converting it into another points, he was able to do so after obtaining approval from the said two web hard operators as a seller, and then having tried to read another person’s work.

Accordingly, the Defendant illegally opened 1,55 non-affiliated copyrighted works owned by another person from June 5, 2013 to July 18, 2013, as indicated in attached Tables 1 and 2, using flat-use computers in his/her own residence in Daegu Seo-gu B, and opened 1,373 copyrighted works illegally from August 11, 2013 to September 5, 2013, so that many unspecified people can download.

In addition, the Defendant received part of the points paid by its members from the web Having operated, and accumulated a total of 200,000 points on the Internet, and then converted the points into a panps point of 100,000 points, which is worth 1 won in cash, whenever the above non-affiliated works are downloaded.

Accordingly, the defendant habitually infringed the copyright of others for profit.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a summary of the business lines of non-affiliated works, the details of downloads by non-affiliated works, the details of downloads by non-affiliated works, the personal information of persons under internal investigation, and the details of hard disks activities;

1. Article 136 (1) 1 of the Copyright Act applicable to facts constituting an offense and Article 136 (1) of the Selection of Punishment;

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. The Criminal Procedure Act;

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