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(영문) 수원지방법원 2013.04.10 2013고정288
저작권법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

No person shall infringe on another person's author's property right by means of reproduction, public performance, public transmission, exhibition, distribution, lending, or preparation of secondary works.

On April 25, 2012, the Defendant, using a computer connected to the Internet (www.fdisk.co.kr) in Suwon-gu, Suwon-si, Suwon-gu, the Defendant’s residence, compressedly and altered the “frequency” of a cinematographic work without the consent or permission of the copyright holder, using a computer connected to the Internet (www.fdisk.co.k.kr) as an Internet file-sharing site, which is an online file-sharing site. On April 25, 2012, the Defendant infringed the author’s property right of the copyright holder by compressinging and altering the “frequency” of a cinematographic work into “Korean Family.zip,” and displaying it so that this site member can download and use it without permission.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A complaint;

1. Application of Acts and subordinate statutes to the provision of communications data;

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;

1. Penalty fine of 300,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59(1) of the Criminal Act of the suspended sentence [The damage caused by the instant crime is relatively minor, the Defendant has no record of punishment, the Defendant reflects the instant crime, the instant case is a suspected violation of the Copyright Act, which was committed on April 27, 2012, and the suspended indictment was terminated on June 27, 2012.

) A separate investigation and prosecution were conducted, but if the case was dealt with together with the relevant case, it is anticipated that the suspension of indictment will also be completed as a disposition of suspension of indictment.

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