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(영문) 서울동부지방법원 2017.09.22 2017고정1056
저작권법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

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

Reasons

Punishment of the crime

On November 20, 2014, the Defendant was a member of “ADB” and “AD” that was provided by Internet online service providers, Inc., a bank-based media (htp://www.Setil.com).

No person shall infringe on any property right protected by means of reproduction, performance, public transmission, exhibition, distribution, lending, or preparation of a derivative work of author's property right.

Nevertheless, on November 18, 2016, the Defendant, a copyright holder, carried out the business of “F, a video work of the complainant,” without obtaining the consent of the Corer Bros. Eyster (E.). On November 18, 2016, the Defendant visited the instant scam file within the cell phone case store operated by the Defendant in Gangdong-gu Seoul, Seoul, and opened the “F, a video work of the complainant,” and (2) on December 8, 2016, connected the said scam file at the same place as the above scam, and opened the “G, a video work of the complainant,” which is a video work of the complainant.

Accordingly, the defendant infringed on the author's property right of the author.

Summary of Evidence

1. Statement by the defendant in court;

1. A H statement;

1. Copyright registration certificate;

1. Application of the Acts and subordinate statutes concerning printed matters by capturing the screen;

1. Article 136 (1) 1 of the Copyright Act and Article 136 (1) 1 of the same Act concerning the relevant criminal facts and the selection of fines;

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

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

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