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(영문) 울산지방법원 2016.08.18 2015고정1046
저작권법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant signed the Internet website B as a member and used the ID, “C,” and “D,” respectively.

No person shall infringe any author's property right by means of reproduction, public performance, public transmission, exhibition, distribution, lending, or preparation of a derivative work.

Nevertheless, on April 2013, the Defendant displayed and distributed “G”, which is a copyrighted work of the Defendant, on the bulletin board of the said case, without obtaining permission for use from F, a copyright holder, at the Defendant’s residence located in Ulsan-gu E and Dong 302, Ulsan-gu, 2013.

From around that time to May 2013, the Defendant exhibited and distributed 18 victims and 53 infringing works in the same manner, such as the contents of the list of crimes in attached Form 1.

Accordingly, the defendant violated the victims' property rights.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of F, H, I, J, K, L, M (N),O, P, Q, Q, S, T, U,V, W, and X;

1. Reactors;

1. Application of Acts and subordinate statutes to each written material and reply note;

1. Relevant Article 136 (1) 1 of the Copyright Act concerning facts constituting an offense and Article 136 (1) 1 of the same Act concerning the selection of punishment (excluding punishment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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