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(영문) 서울동부지방법원 2015.08.19 2015고단893
저작권법위반
Text

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

Nos. 3 through 8, 10, 11, and 12, respectively, shall be taken from the defendant.

Reasons

Punishment of the crime

On March 10, 2011, at around 21:47, the Defendant: (a) used computers and Nowon-gu in his own residential area of F apartment 101 Dong 302, Seongdong-gu Seoul, Seoul, to copy the files of the CFA (Certified Financial Analysis Officer) 1, 2, and 3 video lectures and FRM (International Financial Risk Manager) which the victim Epids copyright in the Defendant’s computer hard disc and downloaded to G; (b) opened the files of the video files of the video images 1,50,000 won from the purchaser H of the above video films recruited through the NAV car, etc. and downloaded the files of the moving video files to G; and (c) received the infringement of the victim’s copyright over a total amount of 2036,000 won from around that time to August 15, 206, and received the infringement of the victim’s copyright over a commercial period of 2036,361,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement given to I, J,K, M, N,O, Q, Q, R, M, V, W, X,Y, Z, AB, AC, AE, AE, AF, AH, AI, AJ, AJ, AK, AL, AL, AO, AO, and AP;

1. Evidential materials (1), (2) and (2);

1. Records of seizure and the list of seizure;

1. Copies of evidential materials, such as kontak files, kontaktlite files, and output, such as earnings;

1. Investigation report (the confirmation, etc. of the same image with a sample Korea), investigation report (the reproduction of a suspect APC and cell phone analysis request, etc. by the Seoul Office), investigation report (the attachment of a report and analysis data as a result of digital evidence analysis), CDs, investigation report (as to the confirmation of whether the deleted PC restoration screen is the same as that of the deleted PC restoration screen), text message output, investigation report (the attachment of a file for criminal facts, etc.), CDs (related files, etc.);

1. Application of Acts and subordinate statutes concerning transactions of accounts with criminal proceeds;

1. Article 136 (1) 1 of the Copyright Act applicable to the relevant criminal facts and Article 136 (1) 1 of the option of punishment;

1. Reasons for sentencing under Article 139 of the Copyright Act [the scope of recommending punishment] infringement of copyright.

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