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(영문) 서울중앙지방법원 2015.03.25 2015고정262
저작권법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant knew that when members download the materials posted on the web hinging site, the points paid by the members of the downloading member are paid to the downloading member. The Defendant up-to-dated up films, etc. on the web hing site to use the up-to-date films, etc. to gain profits.

On March 3, 2014, the Defendant, at the Defendant’s residence located in Seongdong-gu Seoul, Seongdong-gu, 203 Dong 405, connected to the web site “Ltp” (htp:/www.www.filukuk.com) to Adi “C” and opened up the “net era,” which is a film work, from that time until May 21, 2014, distributed 284 video works to the above site without the permission of the copyright owner, as shown in the attached crime list, and then, the Defendant infringed on the copyright owner’s property rights by gaining profits of KRW 1,100,000 by exchanging part of the points paid from the above site in cash with payment from the above site.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to the details of activities for ood in the file of a person under investigation);

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

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

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