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(영문) 울산지방법원 2017.09.18 2017고정358
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

Punishment of the crime

No person shall infringe on a author's property right by means of reproduction, performance, public transmission, exhibition, distribution, lending, or preparation of a derivative work.

On March 19, 2016, the Defendant connected “htp” files (htp://ftiled long.co. kr) to “D”, which is an Internet web site in Ulsan-gu, Ulsan-gu, and distributed “G,” and “H,” which is a literary work in which the victim F holds the right of property, to a large number of unspecified site visitors without authority to receive and share them.

As a result, the Defendant infringed the author's property right over 3 occasions, such as the list of crimes in attached Form, by reproducing and distributing copyrighted works without obtaining permission from the injured party on the use of copyrighted works, and infringing the author's property right.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Application of each statute on filing of a complaint;

1. Article 136 (1) 1 of the Copyright Act (Selection of Penalty) applicable to the relevant legal provisions and the selection of punishment for a crime;

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 concerning the order of provisional payment;

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