A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

[2013 Highest 3853]

1. Violation of the Copyright Act;

(a) No person who sells illegal reproduction game products shall infringe upon author's property rights or other property rights protected under the Copyright Act by means of reproduction, performance, public transmission, exhibition, distribution, lending, or preparation of secondary works;

On September 2, 2011, the Defendant: (a) sold an Internet shopping mall card with 41 type of games, such as “new Schlages”, which is a software of the Defendant’s home located in Daejeon-gu, Daejeon-gu; (b) sold the Internet shopping mall card to a person under whose name the games were illegally reproduced; and (c) from August 20, 2012, up to August 20, 2012, 2,642 (or equivalent to 6,905,725,200 won at the market price of the goods) using the Internet shopping mall, 11-a, G, H, I, 264, and 36-a-be, which was opened by using the victim’s author’s property right in the name of the victim via the Internet shopping mall, 11-a-be, G, H, 25, and 200, which was opened by using the victim’s economic right in the name of the victim.

(b) No person shall import, distribute or sell devices, products or parts designed, produced, remodeled or functioned for the main purpose of effectively preventing or facilitating access to works, etc. protected pursuant to the Copyright Act without legitimate authority by any person who sells devices that distort technical protection measures.

In order to prevent the use of illegally reproduced game software, Amerimera, which is not a victim, stores and sells the game software in the device called "DaST" (DST), and inserting the cambage into the game machine in which the cambage is not the victim.