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(영문) 부산지방법원 동부지원 2018.04.18 2018고정138
저작권법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Presumption Facts] On March 2014, the Defendant joined the Internet web site as a member of the “ smart file” (htp://marte.co. .kr) and operated as the “B”.

A business log registered as a seller by joining the above website as a member, has opened a film, etc. on the server of the above website, and other members using the above website have paid a certain amount of price and accumulated sales points corresponding thereto whenever they receive the download, and the above sales points may be exchanged in cash equivalent to the points through “htp:/www.pocash.co. .kr.)”.

[ criminal facts] No person shall infringe upon any author's property right or other property rights protected by the author's property law for profit by means of reproduction, performance, public transmission, distribution, lending, and preparation of derivative works.

Nevertheless, on January 20, 2015, the Defendant: (a) up to May 29, 2015, up to the day from May 20, 2017, up to 35 copyrighted works as shown in the attached list of crimes, and received a total of 100,400 points in cash and received a total of 50,200 points from 10,000 points to 35 copyrighted works as shown in the attached list of crimes, including, but not limited to, the video files, the traffic of which carried out a small amount of property right; and (b) caused members of the site to pay 340 points per time; and (c) made it possible to receive the said film files.

Accordingly, the defendant infringed on copyright holder's copyright by means of reproduction and public transmission for profit.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Investigation report (main text of the report) (the results of analysis of Mescopher data and inquiry into the telephone number of the radio operator);

1. Data on the details of withdrawal from points Capital (50 pages of investigation records);

1. Application of the Act on the Round Data on the Round Round screen

1. Criminal facts;

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