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(영문) 서울남부지방법원 2013.08.13 2013고단1045
저작권법위반등
Text

Defendant shall be punished by a fine of KRW 30,000,000.

The above fine shall be KRW 100,000 if the defendant fails to pay the fine.

Reasons

Punishment of the crime

1. Violation of the Copyright Act;

(a) No person shall, without legitimate authority, nullify by intention or negligence the access to works, etc., or by means of removal, alteration, bypass, etc., the technical protection measures applied for the purpose of effectively preventing or controlling the access to such works, etc.;

Nevertheless, the Defendant: (a) purchased DTS carbage, which allows for a game to be used only for one kind of game chip with respect to the game software that is not the content in which the Defendant had copyright; and (b) sold the said DTS carage to a name-free person from October 16, 2010 to October 15, 2012, in 2,167 times, including the sale of the said DTS carage to a name-free person on an Internet site of KRW 15,00,000, on October 16, 2010 to October 15, 2012, the Defendant sold the said DTS car scale of KRW 2,279,279, 34,185,000, as indicated in attached Table 1.

Accordingly, the Defendant, not for business or for profit-making purposes, denied technical protection measures related to the exercise of rights protected by the company’s copyright, such as removal, alteration, or bypassing.

B. From October 16, 2010 to October 15, 2012, the Defendant reproduced, stored, stored, and sold in a merl card (4G) the non-do game software, and then stored, stored, and stored, in a merl card (2G, 4G, and 8G) as shown in attached Table 2, the Defendant’s total sum of 2,268 won in the merl card in which the said game was stored from October 16, 2010 to October 15, 2012, including the sum of 64,79,70 won in total, 98,984,700 won in the merl card (4G), the total sales amount of DT sales amount of DT sales amount of 34,3184,500,000 won in the merl card as listed in attached Table 1.

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