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(영문) 서울서부지방법원 2017.12.14 2017고정1110
저작권법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On March 17, 2017, the Defendant was sentenced to imprisonment for a violation of the Copyright Act by the Seoul Western District Court on August 17, 2017, 8 months of probation, 2 years of community service order, and 80 hours of community service order, and the above judgment became final and conclusive around November 2017.

The defendant is a stock expert who works for a securities broadcasting company C.

During the period from February 9, 2014 to September 15, 2015, the Defendant posted approximately 70 pages of “I” (E), “I” (F), a five-story computer in Yongsan-gu Seoul Special Metropolitan City D D Building, where the office is located, on the website without permission, on the premise that 70 pages of “I” (the total page page page 486 page), a victim H works, are without permission, on the site of public relations marketing for the entire or paid members. The J site posted approximately 70 pages of “I” (the total page page 486 page), which is the victim’s work, for public relations marketing purposes, using the victim’s “I” (the victim’s work)’s “I” and “I” (the victim’s property right was infringed by the victim’s “I” and “I” (the victim’s property right was infringed by the victim’s “I” and “I” (the victim’s property right was infringed by the victim’s work.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes to a written complaint, a publishing's detailed contract, attachment of the list of records (Evidence No. 5), investigation report (Attachment of the judgment of a case among the accused trials, etc.)

1. Article 136 (1) 1 of the Copyright Act applicable to the relevant criminal facts and Article 136 (1) 1 of the Act on the Selection of Punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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