A defendant shall be punished by imprisonment with prison labor for not less than eight months and by a fine not exceeding ten million won.

When the defendant does not pay the above fine.

Punishment of the crime

From April 21, 2011, the Defendant served as the representative director of C from around April 21, 201.

No person shall infringe upon author's property rights or other property rights protected pursuant to the Act by means of reproduction, performance, public transmission, exhibition, distribution, lending and preparation of secondary copyright.

The Defendant provided users with a free storage space via the D website operated by C, a file sharing site operated by C, so that users can download the files, and users can download the files they want by means of search function utilization, etc., while, in the event of downloading the files, the Defendant gets profits by collecting user fees.

In the meantime, on November 29, 2011, the victims of copyright infringement committed an act of infringing the copyright by allowing users to download the “non-limit”, which is a cinematographic work in which the cultural broadcasting company, etc., has copyright, on the said website, from January 12, 2012 to January 12, 2012, the following acts of infringing the copyright of the victims, by allowing many and unspecified users to download and use the cinematographic work as shown in the List of Crimes (Violation of the Copyright Act). From November 16, 2011, the Defendant did not take any proper measures to prevent the infringement despite receiving a request for the suspension of copyright infringement from November 16, 201, and promoted the use of the site, such as allowing the download users to charge cyber money and sell it.

Accordingly, the Defendant assisted the above users’ copyright infringement.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on witness E’s legal statement;

1. Article 136 (1) 1 of the Copyright Act (Concurrent punishment of imprisonment and fine) concerning facts constituting an offense;

1. Articles 32(2) and 55(1) of the Criminal Act for aiding and abetting mitigation