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(영문) 창원지방법원 통영지원 2017.08.08 2016고정683
저작권법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

Despite the fact that anyone 683 of 2016 did not intrude the author's property right by means of reproduction, performance, public transmission, exhibition, distribution, lease, and the preparation of secondary copyrighted works, the Defendant: (a) around July 16, 2016, at his/her own residence located in C801 at L2P program using a computer installed therein; and (b) at the victim D’s place of residence, who was downloaded through a P2P program without permission of the injured party’s copyright, engaged in the business of using a Saturday program and distributed it to many unspecified users without permission from time to September 11, 2016; and (c) as described in the list of crimes in the attached Table, published the victim’s copyrighted work without permission for a total of seven times from September 1, 2016, and distributed the author’s copyrighted work without permission.

Around August 18, 2016, the Defendant had access to the file-sharing program using a computer installed therein, and then had access to the file-sharing program without the victim’s consent to distribute the “E” file to an unspecified number of users without the victim’s copyright without the victim’s permission. However, the Defendant infringed on the author’s property right by making it difficult for the victim to do so without the victim’s permission.

Summary of Evidence

"2016 High 683"

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the police officers of the accused;

1. Each complaint;

1. Investigative report (Internet subscriber currency, etc.), investigation report (Submission of suspect additional data, etc.), 2017 High 68";

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the police officers of the accused;

1. Complaint;

1. Investigation report (the call with the communications subscriber) (the defendant and his defense counsel asserted that the defendant did not know that he had engaged in the work of the victim, and denies each of the crimes of this case, one of the above evidence.

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