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(영문) 서울서부지방법원 2016.07.21 2013노1312
저작권법위반방조
Text

The judgment of the court below is reversed.

Defendants shall be punished by a fine of KRW 2,000,000.

Defendant

A The above fine shall be imposed.

Reasons

1. According to the evidence submitted by the prosecutor, the court below found Defendant A as aiding and abetting copyright infringement as stated in the facts charged, but found Defendant A not guilty of the facts charged in this case by misapprehending the legal principles or misapprehending the legal principles.

2. Summary of the facts charged

A. The Defendant, from around August 30, 1999, was appointed as the representative of S Co., Ltd. (Co., Ltd. B before the change; hereinafter “S”), and operated an Internet site that provides various kinds of benefits to its members in order to secure various kinds of copyrighted works, such as a P2P method that shares files among individuals and a web site that provides storage space in the company, using the name of “G” from the Seoul Mapo-gu F and the first floor, and a web site that provides storage space in the company. The Defendant is operating an Internet site that provides its members with various kinds of benefits in order to secure various kinds of copyrighted works, such as paying a certain amount of money to its members and selling cyber money, and paying a certain percentage of the transaction value of various copyrighted works, etc. traded with the file to its members.

From August 14, 2007, the Defendant was aware of the fact that his novels have been illegally traded by authors several times, and that the novels, etc. without permission for use of copyright through the said G website have been illegally traded. However, the Defendant provided various functions such as bulletin board search, category search, etc. so that many unspecified members can easily commit the act of infringing on the property rights for the company’s operating profits, and made it easy to distribute copyright infringement by providing various benefits such as setting points or cash payment of certain amount of money out of the sales value of copyrighted works offered to the business route.

On May 30, 2009, the Defendant, at the above G site around May 30, 2009, stated that the name-free member “I” of the author H.

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