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Defendant
A shall be punished by a fine of KRW 10,000,000, and by a fine of KRW 7,000,000, respectively.
Defendant
A above.
Reasons
Punishment of the crime
[2015 Highest 2574] Defendant A, as the representative director of Company B, is a person who operates and manages F (F, F (hereinafter “F”), G (G, hereinafter “G”), and H (H (hereinafter “H”) which is a publicly-owned web site, and Defendant B is a corporation established for the purpose of the digital content brokerage, etc. of Internet electronic commerce around November 26, 2009.
1. Defendant A, starting around 2009, was well aware of the fact that various data traded on a large number of public web site sites in Korea are illegal digital contents, such as motion pictures without obtaining permission for copyright use.
Nevertheless, the Defendant opened a shared web website so that its members can read the above digital contents, and kept them through the central server, while raising profits by dividing the fee received from the users who downloaded the digital contents into those who operated the business.
The Defendant sold points necessary for content download to F, H, and G members through various means of payment, such as mobile phone small-sum payment, account transfer, credit cards, gift certificates, etc., and, when members receive downloaded contents, the Defendant encouraged to attract and encourage them to run a large amount of illegal content by 30 to 50% of them (F =10M, KRW 10B, KRW 5M, KRW 1 won =20MB, KRW 1 won =20MB) by excluding the amount from the file capacity when the members receive downloadd contents. The Defendant: (a) purchased 30-50% of them as profits from the web lower companies; (b) made it possible to set up 50% of the commission and convert the points held by the business route into cash; and (c) operated the multiple points by classifying the business route by class; and (d) encourage them to run a large amount of illegal content in order to secure any more profits by raising the class of the business route.
On June 12, 2015, the Defendant is to Busan Shipping Daegu M.