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(영문) 창원지방법원 마산지원 2013.03.28 2013고정105
저작권법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is an Internet installation engineer, and the Defendant was a member of the Internet file sharing site (htp:/www.filedo.com) with the ID called “B” and “C”.

In spite of the fact that anyone should not infringe upon author's property right or other property rights protected under this Act by means of reproduction, public service, reception by the public, exhibition, rental, or preparation of secondary copyrighted works, on July 31, 2012, anyone infringed on the victim's copyright by publishing a video work of "the cinematographic work" in which the victim (http://www.wwwddd.com) is an Internet file-sharing site in the place of residence of the defendant in Changwon-si, Changwon-si, Changwon-si, Changwon-si (D) so that many and unspecified members can share the cinematographic work.

Summary of Evidence

1. Defendant's legal statement;

1. Application of photographic Acts and subordinate statutes after closure;

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

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59(1) of the Criminal Act (see, e.g., Article 59(1) of the suspended sentence (see, e., Supreme Court Decision 2006Da1448, Apr. 2, 2007)

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