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(영문) 서울중앙지방법원 2014.04.08 2014고정671
저작권법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Around May 24, 2012, the Defendant subscribed to the Internet Web Trad'B, Ad', Ad', Ad'C to the Internet Web Trad', and Ad', Ad', Ad', Ad', and Ad', Ad', and Ad', Ad', Ad', and D'F to the Internet Web Trad's file file file, respectively, in the Internet Web Trad's name around February 12, 2013.

No person shall infringe upon author's property right or other property rights protected under the Copyright Act by means of reproduction, performance, public transmission, exhibition, distribution, lending, or preparation of a derivative work.

Nevertheless, the Defendant, with knowledge of the fact that a part of points paid when members receive downloading a third person’s work as a type of file reading is set aside as one’s own profit, and that it can be used by downloading another’s work with the points or by converting it into another points, was able to do so after obtaining the approval of the seller from the file reading operator, and subsequently, intended to have another person’s work run.

Accordingly, the Defendant is obliged to submit 1,827 copyrighted works, such as “Korea-Japan Cultural Ginseng Site”, 5,710 non-affiliated copyrighted works owned by another person from March 26, 2012 to August 21, 2013, and 1,735 non-affiliated copyrighted works from December 10, 2012 to September 4, 2013, in which the Defendant had copyright as his/her own PC, from June 12, 2012 to September 4, 2013, and attach only a part of each written judgment by printing out them in the form of each written list of crimes, such as the amount of each crime committed by a third person’s copyright, from March 26, 2012 to August 21, 2013, and attach each written list to each written judgment.

As described in the above, a total of 9,272 non-affiliated copyrighted works were opened, and the above three web sub-operators receive a total of 3,149,690 won in return for these works, and habitually receive other's copyright for profit.

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