1. Defendant A shall be punished by imprisonment for not less than one year and two months;

Seized evidence shall be confiscated in heading 10 to 14.

Punishment of the crime

[criminal records] Defendant C was sentenced to ten months of imprisonment with prison labor for special property damage, etc. at the Seoul Central District Court on August 29, 2016, and the judgment became final and conclusive on December 10, 2016. Defendant E was sentenced to imprisonment with prison labor for a violation of the Electronic Financial Transactions Act at the Seoul Southern District Court on August 18, 2017, and was sentenced to imprisonment with prison labor for two years in August and 120 hours in community service order, and the judgment was finalized on the 26th of the same month.

[Criminal facts]

1. Violation of the Copyright Act by Defendant A, Defendant B, and Defendant C

A. Defendant A’s “F” and “G” servers were recruited to create and operate a private server of the “K” online game, which is a computer program work created by H, I, and the Victim J, Inc., a copyrighted property right. In doing so, Defendant A conspired to acquire profits under the name of the server support payments.

Accordingly, H opened a “F” and “G” website for the purpose of allowing multiple unspecified persons to access during the second half of the 2014 to the first half of the 2015, and transmitted and distribute “K” online games, server factoring program game environment, items, labeling business system, etc., to the private program without permission. After providing support account, H received support payments or sold items at the request of those using the above private server, and the Defendant received KRW 30 million in total from unspecified members as support payments in the name of I while operating the said private server.

As a result, the Defendant conspired with H and I to transmit and distribute “K” online games, a work of computer programs, for profit, thereby infringing on the victim J’s right to property.

B. Defendants A and B’s “L” servers created and operated a private server of the “K” online game work, which is a computer program work in which M and the victim J, a copyrighted property right.