(영문) 서울중앙지방법원 2016.01.20 2015고정3899

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(영문) 서울중앙지방법원 2016.01.20 2015고정3899

저작권법위반

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Defendant shall be punished by a fine of KRW 80,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

[2015 High 3899] No person shall infringe upon any author’s property right or other property rights protected under this Act by means of reproduction, performance, public transmission, exhibition, distribution, rental, or preparation of a derivative work.

At around July 5, 2015, the Defendant used the “B” on the Internet Rodsite K disc, and distributed the “B,” which is a copyrighted work of the victim C, to a large number of unspecified persons connected to the K disc, and infringed on the author’s property right.

[2015 High 4528] No person shall infringe upon any author’s property right or other property rights protected under this Act by means of reproduction, performance, public transmission, exhibition, distribution, lending, or preparation of derivative works.

The Defendant used the “B” from the Internet Round website’s digital disc. Around July 4, 2015, around July 4, 2015, the Defendant distributed “K”, which is a copyrighted work of the victim F, onto the digital disc and distributed “G,” “H,” and “I,” which is a copyrighted work of the victim F, in order to obtain an unspecified number of access to the digital disc. On the same date, around July 5, 2015, the Defendant distributed “K”, which is a copyrighted work of the victim J, to the electronic disc so that it can be received by the unspecified majority of the public who connected the electronic disc.

Accordingly, the defendant infringed the victims' property rights.

Summary of Evidence

[2015 High 3899]

1. Statement by the defendant in court;

1. Written complaint filed by C;

1. A written statement prepared in C;

1. Evidentiary materials;

1. Registration certificate of copyright (2015 high time 4528);

1. Statement by the defendant in court;

1. Written complaints filed by the F and J;

1. A written statement prepared by the F and J;

1. Evidentiary materials;