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(영문) 창원지방법원 2014.04.30 2014고단175
저작권법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant, upon receipt of a proposal from Nonindicted Party C to name the name and operate the said site for the operation of a siren site, proposed and approved the name and operation of the said site.

On April 4, 2010, the Defendant, along with the foregoing C, opened “D” under the name of the Defendant, and began to manage its operating funds into the account of community credit cooperatives under the name of the Defendant. On July 12, 2012, the Defendant changed the name of the said website to “E” (hereinafter the above “D” and “E” website, and then has overall control over the server management, fund management, operation and management, etc. of the E site up to the present day.

Tren site is a co-owned information file (St file, data file with a specific copyrighted work co-ownership information, which is essential file to download a specific copyrighted work by means of transmission through siren program, and is a kind of tool that can be recognized and downloaded by the public through a given copyrighted work on a given siren site) and is widely used by means of sharing contents, as it is used as a site for sharing various copyrighted works through Saturdays program, by downloading a file on the Internet and storing it on a large number of places and causing files simultaneously by using it.

The Defendant, together with the above C, has a total of four members, including web server 2, DB server 1, and file server 1, with the intent to attract advertisements from web downloads, companies, etc., with the aim of securing a large number of members with a well-known fact that all or part of the files of various copyrighted works owned by many unspecified people can be easily downloaded by using the sharing information files displayed on the given website.

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