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(영문) 수원지방법원 성남지원 2017.10.19 2017고단2120
저작권법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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

1. On April 7, 2015, the Defendant violated the Copyright Act on the above disc site: (a) connected the Defendant’s home at Sungnam-si, Sungnam-si, 1702, to Adi and a registrant’s name (www.wedisk.co. .km) affiliated with the Internet web site “C”, a member’s web site at the Defendant’s home; (b) opened the said file, which is a video work’s copyrighted work, to set aside the WE Modon Mo Row; and (c) opened a capital which is able to exchange in cash in proportion to the frequency of exchange by downloading the file; and (d) then, from around that time to February 14, 2017, copied the copyrighted work for profit-making purposes, such as attached Table 16,948 copyrighted work as a total of 16,948 copyrighted work.

2. On April 7, 2015, the Defendant violated the Copyright Act on the file No. 1, at the Defendant’s home, connected a ID and a registrant’s name, a member of the Internet web No. 1 (www.ftili.com) to the “C”, which is a member of the Internet web No. 1, and reproduced and sent a copyrighted work for commercial purposes by downloading the “WE Modle Modle Row” file, a video work, for which he/she received it, and then downloaded the file, and then accumulated the WE Mod Gaw, which can be exchanged in cash in proportion to the frequency between pages, from around that time to February 14, 2017, as shown in the attached list of crimes (2).

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (receiving a prior investigation report related to the above disc and file set business), investigation report (report on the current status of the disc and file set) (report on the current status of the disc and file set), and application of Acts and subordinate statutes to investigation report (based on warrant execution);

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. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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