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(영문) 대구지방법원 서부지원 2014.11.28 2014고정1011
저작권법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From August 2013, the Defendant opened a private server through which the victim Round, Inc., Ltd., used one computer in a female-friendly store of the Defendant’s female-friendly C, located in Daegu Northern-gu, and opened a private server that allows many and unspecified members visiting the above server to access the private server that the Defendant opened, and had them use “dive game” without any restriction in the above server, and sold the CP points to those members.

From the foregoing method until February 10, 2014, the Defendant habitually infringed the victim’s copyright for profit.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigation reports (report on the results of analysis of methods of providing illegally reproduced game files), investigation reports (report on the results of execution of warrants), game program analysis requests (report on the results of the analysis of confiscated articles), investigation reports (report on the submission of the results of the analysis of confiscated articles), investigation reports (report on detailed analysis results of confiscated articles and reports on investigation plans in the future), investigation reports (report on the results of confirmation of the details of payment of sales proceeds of CP points);

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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Articles 10 (1) and 8 (1) of the Act on Regulation and Punishment of Criminal Proceeds Concealment;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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