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(영문) 대전지방법원 2020.10.15 2020고단3441
저작권법위반등
Text

A defendant shall be punished by imprisonment for six 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

1. No person who violates the Copyright Act shall infringe upon another person's author's property rights or other property rights protected under the Copyright Act by means of reproduction, performance, public transmission, exhibition, distribution, lease, or preparation of a derivative work;

The Defendant is a person who operates the so-called “B” (C, D, and E), a so-called “TV reproduction site.”

On August 2, 2018, the Defendant: (a) paid KRW 3 million to the developer of the site on his/her name-free site at the Daejeon U.S.’s home; and (b) opened the site on the Medi-based page “Category A”; (c) opened “Class B New”; (d) “Choma”; (d) “Choma”; (c) “shot program”; (d) “shot program”; (d) “arting arts; and (e) opened the joint book “G”, “H,” “I,” “I,” etc., film contents 1,605; and (d) 16, U.S. Dramama 236; and (d) 60, 68, 28, 35, 35, etc., of an animation site on the Medi-based screen.

As a result, the Defendant, regardless of whether the Defendant was authorized to access the server that actually posted, sent a video work stored in the server to an individual user via the “B” website, regardless of whether it is the right to access the server, when and at the time and place of its own choice by unspecified users, and without any limitation and consideration, by PC and mobile communications, and when the link to various copyrighted works, such as broadcasting programs and film programs, in which the above unspecified persons are exposed to the server, the Defendant sent the video work stored in the server

As a result, the Defendant conspiredd with the above person who did not know his name, and provided a total of 2,205 copies of the work to the “B” users without the permission of the copyright holder to the “B” users, thereby infringing on the right of transmission, which is the author’s property right, for profit or habitually.

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