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(영문) 수원지방법원 여주지원 2014.06.20 2014고정153
저작권법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

No infringement shall be made on author's property rights or other property rights protected pursuant to the Copyright Act by means of reproduction, performance, public transmission, exhibition, distribution, lending, or preparation of a derivative work.

Nevertheless, around October 25, 2013, the Defendant connected Adi C with Adi C, and posted “(Ptop) CSS4 CSS 20 lectures,” which is a cinematographic work of the Victim D Co., Ltd., without the victim’s consent (f313) so that many and unspecified members may download it.

On November 11, 2013, the Defendant continued to connect the above ID to the above site, and posted the “dibrid” film, which is a cinematographic work of the victim E, without the consent of the injured party, to have many and unspecified members download it.

Accordingly, the defendant violated the victims' property rights on two occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Each complaint filed by D or F Co., Ltd.;

1. Application of Acts and subordinate statutes to closures;

1. Article 136 (1) 1 of the Copyright Act and Article 136 (1) 1 of the same Act and the selection of fines for crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The defendant's assertion and judgment on this issue under Articles 70 and 69 (2) of the Criminal Code for the inducement of a workhouse, the defendant asserted that the employee of the B site offered that the first time of his work would constitute a violation of the Copyright Act, and that each of the above works would be done in the event that the employee of the B site voluntarily deleted his/her work without a request for copyright protection, and re-afuses his/her work. However, unless the copyright holder's consent to each of the above works was obtained, the above circumstance alone cannot be deemed to have a justifiable reason to believe that the defendant did not constitute a violation of the above copyright or that the defendant did not constitute a crime. Thus, the defendant'

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