A defendant shall be punished by a fine of 500,000 won.

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

Punishment of the crime

No person shall infringe upon any author's property right or other property rights protected pursuant to the Copyright Act by means of reproduction, public performance, transmission to the public, exhibition, distribution, lease, or preparation of a derivative work.

Nevertheless, around March 2015, the Defendant purchased five creative art works in the Internet website “E” from the office of Ulsan-gu, Ulsan-gu, 103 Dong 301, the representative director of the Defendant, through the Internet website “E,” and posted them for the purpose of selling orders on the Internet homepage shopping mall of the said corporation’s website through an image work similar to the original copyrighted work.

Accordingly, the Defendant violated the property right by reproducing the copyrighted work without obtaining permission from the injured party on the use of the copyrighted work.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 136 (1) 1 of the Copyright Act concerning facts constituting an offense and Article 136 (1) 1 of the same Act concerning the selection of punishment (excluding punishment);

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;

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order [the Defendant purchased each of the instant copyrighted works as “web/printed,” and posted them on his own website through image work. The Defendant knew that such a method of use was included in the scope of “web/printed,” and that such mistake does not infringe on copyright, and that such mistake is justified, and thus the Defendant is not responsible. However, the Defendant alleged that he would have been well aware of the use of copyrighted works compared to the general public because he was engaged in the business of manufacturing and selling orders, such as remote areas, etc., through the above website. In order to purchase each of the above copyrighted works, the Defendant appears to have been well aware of the use of copyrighted works, and that it would have been “web/printed” and “Separate sale” according to the purpose of use.