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(영문) 대전지방법원 2014.04.01 2013고단2332
저작권법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

[2013 Highest 2332] The Defendant was a member of the Internet site operated by the Media Gambling Co., Ltd. with Addi as C from htp:/www. Shareboco.co.K.) to htp.

The Defendant posted a video work on the above website and received downloads from many unspecified persons, the Defendant had expressed a certain portion of points that are paid by the users of the downloads to the persons who posted the said video work, and had the points accumulated by this, exchanged in cash, with the intention to acquire profits by placing another’s video work on the above site.

On February 26, 2011, the Defendant distributed “Ambamer,” a copyright holder, at the Elaundry site located in Seo-gu Daejeon, Seo-gu, Daejeon, by posting the “Ambamer,” which is a video work of Pepha, Co., Ltd., Ltd., in a way that an unspecified number of people can download.

Accordingly, the Defendant received points from the operator of the above site each time when the above video works are downloaded.

From around that time to January 19, 2013, the Defendant habitually infringed on the author’s property right for profit by posting another person’s work on the file sharing site at a total of 406 times from the laundry site of G department stores located in Seo-gu, Daejeon, Daejeon, on September 2012, as indicated in the list of crimes in attached Tables 1 and 2 between that time, and by receiving points from the operators of the above site.

The Defendant, “2013 Man-Ma3352,” is a person who works for the Defendant as “I,” in the main disc (bondisk.com), tisk.co.co.com (tdisk.co.com), Misk.com (me 2disk.com) and file joint and several liability (fil.com).

The Defendant posted a video work on each of the above sites and receives a download from many unspecified persons.

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