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(영문) 부산지방법원 2018.12.19 2018고단3794
저작권법위반
Text

Defendants shall be punished by imprisonment for six months.

However, the above judgment against the Defendants for two years from the date of this judgment became final and conclusive.

Reasons

Punishment of the crime

D around October 2016, 2016, a person operating the web site by automatically producing and using a program (hereinafter referred to as “sprinking program”) that automatically brings to the web site on an illegal sports soil site, etc. after producing a server and a domain name in the U.S. at an inspack site, etc. (hereinafter referred to as “E”) and allowing visitors to run the web site without permission, and allowing visitors to view the web site they wanted without membership, and then raising the level of recognition of the site. The person operating the web site from June 2017 to May 15, 2018 by posting an advertisement, etc. of the illegal sports soil site.

Meanwhile, Defendant A received KRW 3 million monthly payment from D from June 2017 to December 2017, and Defendant A is a person in charge of the work of monitoring the said site and providing consultation with the site visitors on the condition that he/she received KRW 2.5 million each month from D from October 2017 to May 15, 2018. A is a person in charge of the work of producing the so-calleding program under the condition that he/she received KRW 2.5 million each month from D from May 2017 to May 15, 2018. G is a person in charge of the work of producing the so-calleding program from D to December 4, 2017 to May 15, 2018.

1. Defendant A violated the Copyright Act: (a) in collusion with D, etc. on June 2017 to early December 2017, 2017, Defendant A reproduced and distributed to Defendant A, in collusion with D, etc., a web site, including Cambodia (hereinafter referred to as "Tido") and H No. 1106 of building Nam-gu, Incheon, Nam-gu, Seoul, Inc., which owned exclusive right to issue, thereby infringing on the copyright owner’s right to property for profit-making purposes by acquiring KRW 952,367,568 from its advertising proceeds to make it difficult for non-intervenors to view them without the copyright owner’s consent or consent.

2. Defendant B

A. Aiding and abetting Violation of the Copyright Act and A, etc. are conspired with each other on June 2017.

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