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Defendant shall be punished by a fine of KRW 2,500,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
[2017 High 344] No person may infringe upon any author’s property right or other property rights protected by law by means of reproduction, performance, public transmission, exhibition, distribution, lease, or secondary preparation.
Nevertheless, around 18:59 on June 18, 2016, the Defendant infringed on the author’s property right by linking the victim’s H’s “I” novel to “D” (E) and “I” (A: G) by means of a computer, etc. on the Internet website, and transmitting it to the public by allowing many unspecified people to access through the information and communications network without the consent of the copyright owner.
[2017 High 465] No person may infringe upon any property rights protected under author’s property rights or other copyright laws by means of reproduction, performance, public transmission, exhibition, distribution, lease, or preparation of derivative works.
On June 4, 2016, the Defendant: (a) connected the “CPC room” in the building adjacent to the Ilyang-gu Jtel in Ilyang-gu, Ilyang-gu; (b) connected the Internet web site “Y file”; (c) opened a novel of “L” which the victim K has the right to property; and (d) transmitted it to the public to enable many unspecified persons to download without the consent of the copyright holder so that they may download it.
In addition, from around that time to August 5, 2016, the Defendant infringed on the author’s property right of copyright holders on a total of five occasions, such as the list of crimes in attached Table.
Summary of Evidence
[2017 High Court Decision 344]
1. Statement by the defendant in court;
1. Each complaint and each written statement;
1. Other closure photographs of each Rodrid;
1. Certification of copyright (2017 high 465);
1. Statement by the defendant in court;
1. Application of each of the Acts and subordinate statutes to a complaint;
1. Article 136(1)1 of the Copyright Act (the choice of penalty) provides that the relevant provision of the Act and the choice of punishment for a crime shall be applicable to the crime.