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(영문) 서울남부지방법원 2017.04.13 2016고정2906
저작권법위반방조
Text

Defendants shall be punished by a fine of KRW 5,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A as an internal director of Defendant B, Defendant B, who operates the Internet web website “C”, and Defendant B, a corporation established for the purpose of digital content distribution and sale.

1. Defendant A knew through the above “C” website that various materials traded between the members of the said “C” website are digital content without obtaining permission for copyright use.

Nevertheless, the Defendant allowed many unspecified members to run various digital contents business on the “C” website, and had other members raise profits at a fee paid whenever other members receive digital contents.

From July 27, 2015 to August 12, 2015, the Defendant had copyrighted works, such as “JTBC News Site,” etc., of video copyrighted works owned by the victim TBC copyright on a total of 7,305 occasions, as shown in the attached Table of Crimes, at the Seoul Guro-gu building and the B office located under subparagraph 302, from around July 27, 2015 to around August 12, 2015, the Defendant had an unspecified number of members of the said “C” website freely download the copyrighted works.

Accordingly, the Defendant, for the purpose of profit-making, prevented copyright infringement by the members of the above “C” website.

2. Defendant B’s representative director, the Defendant B’s Defendant Company, assisted the Defendant’s act of infringement of copyright for the purpose of profit-making as above in relation to the Defendant’s business at the same date and place.

Summary of Evidence

1. A protocol concerning the examination of suspect of the defendant A;

1. Application of the Acts and subordinate statutes governing filing of a complaint, documentary evidence and content certification;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 136(1)1 of the Copyright Act, Article 32(1) of the Criminal Act, the selection of fines, and the selection of fines

B. Defendant B: Articles 141 and 136(1)1 of the Copyright Act and Article 32(1)1 of the Criminal Act.

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