2020 Highest 2529 Violation of the Copyright Act

A, 1975 N, South, and North

Residence

Reference domicile

Long-term sexual harassment (prosecutions) and Kim-hoon (public trial)

Attorney (National Ship)

February 18, 2021

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

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

The defendant shall be ordered to provide community service for 120 hours.

Seized evidence 1 or 2 shall be confiscated.

16,062,00 won shall be additionally collected from the defendant.

Criminal facts

When the Defendant came to know that the transmission and provision of the broadcast programs using the super-high speed Internet network by a radio operator, such as SKB Bade and LG U+, were sent along with the Internet IP new, without encryptioning the signal of the service of the IPTV, the Defendant tried to provide the Defendant with the services for viewing the IP TV programs in real time by receiving money from many unspecified persons, such as Korean residents, etc., who reside overseas, using the IP TV signals discovered by sleep and the Internet programs capable of retransmitting and retransmitting them, and by allowing them to view the IP TV programs in a computer, and by providing the Defendant with the services for viewing the Internet files, such as the film, drama, and art possessed by the Defendant.

From October 2018 to February 6, 2020, the Defendant: (a) placed PED files at the Defendant’s house located in Ulsan-gu, Ulsan-gu; (b) placed one unit of a OS tower computer for the re-transmission of IPTV signal; (c) provided one unit of a real-time No.S. computer for paid members; and (d) instructed unspecified users to retransmitting PC’s program, which is an open source-based software for real-time programming such as video, and “D’ program capable of retransmitting IPTV signal; (b) opened PC on the tables, etc. operated by the Defendant; and (c) placed an advertisement on the list, such as “foreign ”, “real-time TV program; and (d) placed in the account installed by unspecified users on the computer as instructed by the Defendant; and (d) placed the Defendant on the e-mail account; and (c) issued 0) issued the PE list to enable them to re-transmit the PE’s e-mail to use the program.

Accordingly, the defendant violated the author's property right of others for profit by transmitting IPTV broadcasting programs in real time with money from unspecified users and publicly transmitting VOD files in real time.

Summary of Evidence

(Omission)

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 136 (1) 1 of the Copyright Act, Selection of Imprisonment

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Social service order;

Article 62-2 of the Criminal Act

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

1. Additional collection:

Act on Regulation and Punishment of Criminal Proceeds Concealment (Sales of 260 pages) Articles 10(1) and 8(1) of the Act on Regulation and Punishment of Criminal Proceeds Concealment

Reasons for sentencing

The Defendant committed a crime that infringes on copyright for a long period of time. It seems that the awareness of the Defendant’s crime was not significant, but it is necessary to violate the rights of many creative works created by the author’s considerable effort, and to punish these crimes that interfere with the development of cultural industries.

The sentence shall be determined like the order, considering the fact that the scale of the crime and the degree of profits of the defendant are not significant, there are no criminal records of the same kind, the crimes are divided, and the health and economic conditions of the defendant are not good.

Judges Kim Yong-hee

A person shall be appointed.