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(영문) 대구지방법원 2014.05.21 2014고정631
저작권법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

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.

From October 4, 201 to August 10, 2013, the Defendant visited the Internet “book” website at the Defendant’s residence No. 202, Daegu Suwon-gu B and 1 Dong 202, and illegally downloaded the files and musical works files, etc. of C, etc. 2,944 without the copyright holder’s permission, so that many and unspecified members can download them.

As above, the Defendant: (a) opened a file of a copyrighted work; (b) paid points from the said site; and (c) transferred the file to a total of 25,481,907 points worth 1 won to one point; and (d) habitually infringed on the author’s property rights, such as the right to reproduction and public transmission of each copyrighted work, for profit.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the details of activities of internal files box A), personal information of persons under internal investigation, activities of such persons, summary of the details of activities, non-affiliated copyrighted works, download details, points transition details;

1. Application of the Act and subordinate statutes on the storage CDs of non-affiliated copyrighted works, the entire details of storage CDs, investigation reports (preparation and reporting on the preparation of a crime list), crime sights (part of printed materials), and crime sights storage CDs;

1. Article 136 (1) 1 of the Copyright Act and Article 136 (1) 1 of the same Act concerning criminal facts and the selection of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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