Defendant shall be punished by a fine of KRW 1,000,000.

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 this Act by means of reproduction, public performance, transmission to the public, exhibition, distribution, lease, or preparation of a derivative work.

around March 2016, the Defendant, while operating D in the Dongjak-gu Seoul Metropolitan Government C Building, copied and distributed the author’s property rights of the copyright holder by arbitrarily placing them in the Defendant’s website (D), in order to promote the “F products (which is a kind of luminous frame; hereinafter “instant products”). The Defendant infringed upon the reproduction and distribution of the author’s property rights of the copyright holder by arbitrarily placing them on the Defendant’s website (hereinafter “the instant pictures”) the image files for public relations purposes (such as luminous shapes on the people, horses, dogs, and chests), which were developed by the copyright holder to publicize the “F products” (hereinafter “the instant products”).

Summary of Evidence

1. Statement of the police statement related to G;

1. A complaint (including all accompanying documents);

1. Colors to close down a page of selling spam products;

1. Application of the statutes governing advisory opinions;

1. Relevant Acts concerning facts constituting an offense and Article 136 (1) 1 of the Copyright Act (Selection of a penalty) of the same Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Summary of the assertion

A. The instant pictures do not constitute a work protected under the Copyright Act.

B. The Defendant obtained this case’s pictures on the Aman Seacom site.

The Victim Company: (a) registered the instant pictures on a product page at Aman Seacom site; and (b) deemed the waiver of the copyright to the instant pictures; and (c) obtained the Defendant’s permission from Aman Seacom to use the product information image; (d) thus, there was no intention to violate the Copyright Act.

2. Determination:

A. This case’s photograph constitutes a work protected under the Copyright Act, or a work protected under the Copyright Act.