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(영문) 서울동부지방법원 2013.12.27 2013고정1069
저작권법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

"2013 High 1069" Defendant is a person who joins and works as a member on March 8, 201, on an Internet web site (www.apple.com).

No person shall infringe author's property right by means of reproduction, performance, public transmission, exhibition, distribution, lending, or preparation of a derivative work.

Nevertheless, the Defendant, with the knowledge of the fact that if a third party’s work is opened on the above database site, part of points to be paid when members download it, was accumulated as their own profits, and that it may be used to download another’s work with the points, or received in cash, after obtaining the approval of the seller from the operator of the display file, he thought that he will run another person’s work.

Accordingly, on January 15, 2013, at a place where a location is unknown, the Defendant visited the file site using a computer at a place where it is difficult to identify, and then opened the file site with another person’s copyright as well as the up-to-date film “rab”, a work not connected with the file, as described in the attached Table Nos. 1 through 106, 108 through 117, 120, 129 through 136, 142, 143, 147, 149, 150, 152 through 160, 162 through 173, 176 through 178, 180 through 183, 185, 186, 189 through 191, and the Defendant’s total number of members’ file files from around 13, 2013.

In addition, the Defendant: (a) accumulated part of the points paid by another member upon receipt of a download from the operator of the website; and (b) transferred the points eight times from February 21, 2012 to January 22, 2013 to KRW 965,000 to the Defendant’s agricultural bank account.

Accordingly, the defendant is about 163 times for profit-making purpose.

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