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(영문) 대구지방법원 김천지원 2014.05.28 2014고정193
저작권법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

No person shall infringe author's property right or other property rights protected pursuant to this Act by means of reproduction, performance, public transmission, exhibition, distribution, lending, or production of derivative works.

Nevertheless, at around 10:20 on October 24, 2013, the Defendant, at the Defendant’s home, accessed “G”, the Internet file sharing site using a computer, using a computer, and displayed and distributed a novel file, which is a literary work in which the victim I holds an author’s property right, so that many unspecified people can download. On the 26th day of the same month, the Defendant displayed and distributed “L” novel files, a literary work in which the victim K has an author’s property right, at the same place, and displayed and distributed “N” files, a literary work in which the victim M has an author’s property right, at the same time, at the same time, and at around 23:16 of the same month, at the same time, at the same time, at the same time, and around 20:235 of the same month, at the same time, at the same time, the victim M’s intellectual property right holder’s intellectual property right is infringed.

Summary of Evidence

1. Defendant's legal statement;

1. Each complaint filed by I,K, M, andO;

1. Each written statement of I, K, M, andO;

1. Application of Acts and subordinate statutes to the screen output of each closure (27 pages, 146 pages, 164 pages, 358 pages) ;

1. Article 136 (1) 1 of the Copyright Act and Article 136 (1) 1 of the same Act concerning criminal facts and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Part concerning the dismissal of prosecution under Article 334 (1) of the Criminal Procedure Act;

1. On October 17, 2013, the Defendant displayed and distributes a novel file of “ Qu”, which is a literary work in which the victim B had an author’s property right, in the same manner as indicated in its reasoning, and around 03:02 of the same month, the victim C.

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