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(영문) 서울중앙지방법원 2021.01.14 2019가합570806
손해배상(기)
Text

1. The defendants jointly give each other the amount of award in the corresponding column of Annex 2 in the corresponding column of Annex 2 and do so.

Reasons

1. The facts based on which there is no dispute (based for recognition) and evidence A Nos. 1, 2, and 51 (including evidence with a branch number).

Each entry, video, and the purport of the whole pleadings, except as otherwise expressly indicated below. The same shall apply

A. The Plaintiffs are the copyright holders of each of the instant copyrighted works, as the author of the “name of the copyrighted work” as set out below.

B. From October 2016, Defendant A produced a “D” website with a server and a domain name in the U.S., and automatically produced and used a program that automatically produced the web that was posted on the illegal gambling website (hereinafter “scaming program”), Defendant A operated the said “D website by not later than May 15, 2018, by allowing persons visiting the said “D” website to run the said “D” website without due process by allowing them to see the web that was posted on the website.

(c)

Defendant B, from October 201 to May 15, 2018, took charge of monitoring of the aforementioned “D website” and consulting with the website visitors on the condition that Defendant B receive KRW 2 million to KRW 2.5 million each month from around October 2017.

(d)

Defendant C, from December 4, 2017 to May 15, 2018, was in charge of the production of a licensing program under the condition that A receive KRW 2 million to KRW 2.5 million per month from May 15, 2018.

E. On August 17, 2018, the Busan District Court appears to be a clerical error in the EF Co., Ltd. with respect to the Defendants.

In addition, the web 1,608 (83,347 cases) which held exclusive publication rights was reproduced and distributed so that they can be seen by the copyright holders without permission or approval, and thereby, they jointly committed a crime of infringing on the copyright holders’ property rights for profit by acquiring the advertising proceeds of 952,367,568 won.

“Recognizing the facts constituting the crime,” respective of the facts charged against Defendant A, Defendant B, and C, two years and six months of imprisonment.

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