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(영문) 부산지방법원 2019.02.13 2018고정1520
저작권법위반방조
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

Since 2007, the defendant is a person who operates a "B" as a learning data sharing site, and about 78,00 members of the above site, and about 22 learning materials that are average daily business.

The Defendant granted the site members the right to download learning materials to the above site, kept them on the bulletin board of the above site so that the members who want to receive learning materials can easily gather and download them by utilizing the search function, and imposed 70% of the CP's points that may be purchased in cash at the Round, and operated the remainder by paying them to the business operator and acquiring them by the Defendant.

With knowledge that a work, such as learning materials, etc. subject to the protection of intellectual property rights, is being illegally distributed through B sites, the Defendant, even though he/she only has the function of reporting materials suspected of infringement of copyright and so on, the Defendant neglected the copyrighted work, such as deletion of the relevant file and establishment of a gold language related to the relevant file, only when the copyright holder requests it.

On January 8, 2017, the person whose name was omitted had access to the above site using the "IDC", and then had transmitted the issue of f8 Pison 1, 1, or 4 times in the repair area, the copyright holder infringed the copyright holder's right of reproduction and transmission by allowing an unspecified number of users to easily transmit and copy the above learning data at any time by selling it to the "learning data" bulletin board equivalent to 4,600 won in the above site.

Accordingly, the Defendant, as seen above, assisted and aided the infringement of the author’s property rights by facilitating the infringement of the victim’s property rights.

Summary of Evidence

1. Partial statement of the defendant;

1. The statement of the police with F and G 1.

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