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(영문) 수원지방법원 평택지원 2015.09.09 2015고정233
저작권법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. No person who violates the Copyright Act shall infringe on author's property rights or other property rights protected pursuant to the Act by means of reproduction, performance, public transmission, exhibition, distribution, lending, or secondary copyright preparation;

Nevertheless, around May 6, 2013, the Defendant accessed the Internet site “htp”, “E” and “F” to “ht file (htp:/zftile.co.k)” and infringed the victim’s copyright by illegally downloading the victim’s D’s work, “E” and “F” to receive reproduction and transmission from an unspecified number of unspecified persons, as shown in the attached list of crimes, and then, from around 19 to September 9, 2013, the Defendant infringed the victim’s copyright by illegally downloading the victims’ copyrighted works for 19 times as indicated in the attached list of crimes.

2. No person who violates the Electronic Financial Transactions Act shall transfer or acquire the means of access in using and managing the means of access;

Nevertheless, around September 20, 2012, the Defendant transferred, through Kwikset service article, a national bank account book (Account Number): G) cash withdrawal card in the name of the Defendant, and cash withdrawal card (Account Number: H) and cash withdrawal card (Account Number): KRW 100,000 in cash.

Summary of Evidence

1. Each protocol concerning the examination of the suspect against the defendant;

1. Statement of each police statement to I and J;

1. Each written statement of D, K, L, M, N,O, P, Q, R, S, T, U,V, and W;

1. Investigation record of seizure by the police;

1. Each complaint office (X, the credit rating company, and the credit rating company and the credit rating company, respectively);

1. Data to close each Internet bulletin or a download and to close each other, data to close a signboard, data to close a signboard, a copy of a novel sign, opening a opening page and to close the head of a signboard;

1. Application of statutes on each certificate of copyright registration;

1. Article 136 (1) 1 of the Copyright Act concerning facts constituting an offense; Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

1. Aggravation for concurrent crimes;

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