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(영문) 대전지방법원 2017.11.24 2017고정229
저작권법위반방조
Text

Defendants shall be punished by a fine of KRW 10,000,000.

Defendant

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

Reasons

Punishment of the crime

Defendant A, “2017 High 229,” is the representative director of “D” website, and Defendant B, a corporation established for the purpose of Internet service business, and the Doing-do retail business, is operating “D” from Haman on April 2016.

1. As Defendant A operates a value-added telecommunications business that provides online content sharing services, Defendant A is obliged to take necessary technical measures, such as deletion of content (work) without consent to use of copyright due to any act such as reproduction, transmission, etc. by the members using the said business, deletion through DNA pening, deletion through related search control blocking, monitoring, etc.

Nevertheless, from April 29, 2016 to August 11, 2016, the Defendant, at the above “D” website, did not take necessary technical measures, and instead, did not take measures as above, the victims used the above website, thereby allowing other members to easily download the above video works without the victim’s consent, even though the victims up to 263 times without the victim’s consent, a video work listed in the attached Table of crime No. 1 (SPEC 1) including the “SPEC 1” drama, which is copyright to the media Lart, was put on the above website.

Accordingly, the defendant, by facilitating copyright infringement of the victim company's copyrighted works, has prevented it.

2. Defendant B, the Defendant, at the same time and place as set forth in paragraph (1), committed the above violation in relation to the Defendant’s business.

Defendant A, “2017 High 230,” is the representative director of “D” website, and Defendant B, a corporation established for the purpose of Internet service business, and the Doing-do retail business, is operating “D” from Haman on April 2016.

1. Defendant A’s online contents.

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