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(영문) 인천지방법원 2019.08.30 2019고정1500
저작권법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

When the Defendant runs a work file of another person, the Defendant is aware of the fact that points paid to an unspecified number of members should be paid to the customer (seller) whenever he/she receives a download, and is a person who becomes a member of B through B, a web subsite, around March 20, 2013, to become a member of the ID'C for the purpose of downloading and selling another person's work.

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

Nevertheless, around August 23, 2018, the Defendant, in the Defendant’s residence located in Seo-gu Incheon Metropolitan City, called “F” as the title of “G” in the Defendant’s residence, operated the film “F,” which has copyright from February 25, 2018 to November 17, 2018, thereby allowing a total of 100 of the film works owned by another person as a type of copyright to be downloaded by a large number of members in B, and was accumulated by another member from B. A part of the points paid by another member when he/she was downloaded. The Defendant violated the Copyright Act by habitually infringing on other persons’ copyright for profit, such as receiving cash payment by exchanging accumulated points as cash.

Summary of Evidence

1. Defendant's legal statement;

1. An investigation report (including one copy of the additionally screened screen and one copy of the evidence screen list and 100 screen closures);

1. Response (No. 13)

1. Habituality of judgment: Application of the Acts and subordinate statutes recognizing dampness shall apply in light of the records of the defendant revealed in one copy, etc. of a resident inquiry and criminal records (A), investigation reports (verification of the same kind of records), non-prosecutions, written decision of non-prosecutions, written summary order printed out, etc., the number and frequency of the crimes in this case, and the same kind of crimes repeatedly for a considerable period of time;

1. Article 136 of the Copyright Act concerning criminal facts and the choice of punishment

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