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A defendant shall be punished by imprisonment for not less than one year and six months.
The defendant shall pay 252,00 won to the applicant for compensation by deceit.
3.2
Reasons
Punishment of the crime
[2015 Highest 2176]
1. If the Defendant, in violation of the Copyright Act, stores various videos, music, etc. such as motion pictures, etc., on the web server (hereinafter “business page”), he thought that many and unspecified people were able to get points to use in convenience stores, etc. from the Internet web site, which is the Internet web site, where many and unspecified people were able to use in convenience stores, etc., while working as a ID “D”, the Defendant was able to use the motion pictures, etc. as its business.
Accordingly, the Defendant, at the Defendant’s house located in Songpa-gu Seoul Special Metropolitan City on September 2013, without obtaining the consent or approval of the victim’s shopping company, which is an author’s property right holder, connected the said resort site via the Internet using a computer, and stored, reproduced, stored, and reproduced the said film on the said computer by downloading the film, which is the victim’s cinematographic work, to be “D,” and immediately posted the said film as “D,” and stored and reproduced the said film in the said resort stuff’s server computer.
As such, the Defendant infringed the victim’s property right by reproducing the cinematographic work’s “compact terrorism”.
2. On November 21, 2013, the Defendant entered the Internet access site of Yongsan-gu Seoul Metropolitan City, etc., using smartphones, etc., and posted a message, photograph, contact number, etc. to the effect that “the rasher is sold in gold 250,000 won”, and then falsely read that “the rasher will be sent to the rasher F (n, 30 years old) who reported and contacted the above posted contents,” and “the rasher will be sent to the rasher’s door-setting when remitting the price of the goods.”
However, the defendant did not have the intention or ability to send the above rasher to the victim.
The defendant deceivings the victim as such, and he knows from the victim as the price for the goods.