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(영문) 수원지방법원 성남지원 2014.11.20 2014고정1526
저작권법위반
Text

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

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

Reasons

Criminal facts

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

Nevertheless, on August 31, 2013, the Defendant, with knowledge that if he/she opened another person’s work on the Internet web hard disc (vegaisk.com) in which he/she was admitted as an “B”, part of points paid when he/she was admitted to the said web site operator, may be accumulated as his/her own profit, and that he/she may download another’s work with the points or use it by converting it into another points. After obtaining the approval of the seller of the said web site operator, the Defendant was willing to disclose another person’s work.

Accordingly, from August 31, 2013 to February 24, 2014, the Defendant had access to the above bend disc by using a computer in the Defendant’s residence located in Seongbuk-gu, Sungnam-gu, 201, Sungnam-gu, and 201, and had access to the above bend disc, and had habitually infringed on another person’s copyright as shown in the attached list of crimes, such as “(720 Epics)” 14023 (Seoul Building) HDTV. H264.H50p-SE”, which the other person holds copyright.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the selection of persons subject to investigation by sellers of disc disks;

1. Report on the results of analysis of the disc server;

1. The application of Acts and subordinate statutes to confirm the details of activities and personal information of internal victims, cash withdrawals, and the list of crimes (the list of business of non-affiliated posts).

1. Article 136 (1) 1 of the Copyright Act and Article 136 (1) 1 of the same Act and the selection of fines for crimes;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The period during which the defendant violated another person's copyright and the recovery of infringement on the reason of sentencing under Article 334(1) of the Criminal Procedure Act.

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