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Defendant shall be punished by a fine of KRW 2,000,000.
If the defendant does not pay the above fine, 50,000 won shall be paid.
Reasons
Punishment of the crime
From January 17, 2012 to August 2012, the Defendant opened D, a video-based sharing site (so-called a small P2P site) where individuals can exchange video files, operated the said site by paying 30% out of cyber money paid by persons who operated video works, by inviting approximately KRW 6,000 members and collecting videos from its members.
Around February 27, 2012 when the Defendant operated the above website, the Defendant deleted a reproduced broadcast program file from the Victim Cultural Broadcasting Co., Ltd., a copyright holder, and requested to take technical measures to block the infringement of author’s property rights. However, the Defendant failed to take technical measures, such as the establishment of a set-off, or to take measures to delete a file that infringes on author’s property rights through monitoring personnel, and the Defendant’s name is unknown from April 22, 2012 to the same year.
5. From November 1, 200 to D’s site, 496 cinematographic works, including “B,” a copyrighted work of cultural broadcasting company, including “B,” as shown in the attached list of crimes, have many and unspecified members download it.
As a result, the Defendant aided and aided the infringement of author’s property rights by facilitating the public transmission of cinematographic works of the victim, a copyright corporation without authority by many and unspecified persons habitually.
Summary of Evidence
1. Defendant's legal statement;
1. Complaint;
1. Application of statutes on screen pictures by applying a list of copyright, list of evidence, request for suspension of reproduction or transmission, request for technical measures, a written request for closure of reproduction or transmission;
1. Article 136 (1) of the Copyright Act and Article 32 (1) of the Criminal Act concerning facts constituting an offense, the choice of punishment;
1. Articles 70 and 69 of the Criminal Act for the confinement of a workhouse.