The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. Comprehensively taking account of the evidence submitted by the prosecution as to factual mistake (as to the part of the crime), it is recognized that the Defendant aided and abetted the act of infringing the right of reproduction and transmission of the pertinent copyrighted work corresponding to the sharing information file by allowing its members to open up and operate a “D” website, thereby allowing them to download five sharing information files on the said website and download them.

Nevertheless, the court below rendered a not-guilty verdict on this part of the facts charged. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

B. The sentence that the court below rendered unfair sentencing (five million won in penalty) is too unhued and unfair.

2. Determination

A. Determination 1 on the assertion of mistake of facts in this part of the facts charged is that the Defendant, from December 3, 2012 to March 2013, 201, operated D, a Saturday site, a member of Jongno-gu Seoul Metropolitan Government 202, with 1,771 members registered, from around December 3, 2012.

The Defendant: (a) knew well-known that all or part of the files of various copyrighted works owned by many unspecified persons may be easily downloaded by using the co-owned information file that is set up on a Saturday site; (b) attracts many members by securing a large quantity of co-owned information files; and (c) opened and operated the said database with a view to obtaining advertising profit from the web sub-contractors who entered into a partnership agreement.

When many unspecified persons visiting the above site enter as a member only a minimum amount of information, such as Aardi and a plaque, without personal information input, the Defendant provided them with all materials free of charge, and, at the same time, posted the method of installing and using the said siren program at the above site data room.

Furthermore, the Defendant is a member.