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Reasons
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(영문) 대전지방법원 서산지원 2017.01.12 2016고단691
저작권법위반등
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1. The sentence against the accused shall be 3,000,000 won;

2. The defendant does not pay the above fine.

Reasons

Punishment of the crime

1. From January 2016 to April 2016, the Defendant violated the Copyright Act: (a) installed a reproduction program in the private server operated by the Defendant, which is a copyrighted work of the game program that the victim Cudio 303, Inc., Ltd., owns a copyrighted property right; (b) installed and operated the DNA website (E); (c) distributed connecters capable of accessing the said private server to the said private server so that many and unspecified members can play the said private server; and (d) operated the F website (G) from May 2016 to June 2016, 2016, operated the said private server in the same way to enable members to run the said private server I.

Accordingly, the defendant infringed the victim's property right by means of reproduction and public transmission.

2. No person who violates the Act on the Promotion of the Game Industry shall engage in the business of exchanging, arranging exchange or re-purchase of tangible and intangible results obtained through the use of game water;

The Defendant, from January 2, 2016 to March 17, 2016, operated a private server at the places indicated in paragraph (1) as above, received cash deposits from users who wish to purchase “IB”, which is a currency used in Liy I Game, and received 400 million won per 10 million won.

B. A total of KRW 13.8 million was issued in a total of 4.18 times by means of creating a purchaser's account.

As a result, the defendant was engaged in the business of returning scores, which are intangible results obtained through the use of game water.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and I;

1. Data to collect evidence from the universal servers;

1. Application of investigation report (Attachment of sales details of an item) Acts and subordinate statutes;

1. Relevant Article of the Act and the point of infringement of the right to property that is selected for the crime: Article 136(1)1 of the Copyright Act and Article 136(1)1 of the same Act.

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