The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal provides the basis for downloading music, cartoons, motion pictures, etc. through “L”, which is an Internet site. In light of the fact that a considerable number of programs, etc. were included in the copyrighted works distributed through the above website, and the Defendants provided various benefits, such as paying part of the value of the copyrighted works without any specific confirmation to the customers of the copyrighted works, the Defendants were well aware of the fact that the copyrighted works are illegally traded through the above L site, and the Defendants did not take necessary measures to prevent copyright infringement, and the lower court acquitted the Defendants of the charges of this case, thereby adversely affecting the conclusion of the judgment.

2. Determination:

A. It is a well-known fact that the Defendants frequently committed intellectual property infringement on P2P or web site providing the basis of enabling the Defendants to download or download digital contents operated by the Defendants or similar, or to download digital contents operated by others.

However, in the reality that various digital contents are rapidly increasing, it is difficult to easily understand which digital contents are subject to copyright protection or copyright infringement until it is requested by the copyright holder, etc. to prevent the infringement, and it is impossible to completely block copyright infringement by checking all digital contents distributed without such request.

B. The Copyright Act, Jun. 30, 201, recognizing the technical and economic limitations on the prevention of such copyright infringement.