The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

The defendant is the representative of the Bank of Korea, which is a video producer in the third floor of Gangnam-gu Seoul Metropolitan Government C building.

On August 3, 2016, in producing a video recording “E” (hereinafter “E”) around August 3, 2016, the Defendant infringed the victim’s property right by producing a video recording using part of “G”, a video work of the copyright holder, without obtaining the consent or permission of the victim F, who is the copyright holder.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to F;

1. Defendant and his defense counsel asserted that the Defendant’s act constitutes an act of exploitation of a work already made public under Article 28 of the Copyright Act in conformity with fair practices within the reasonable scope for the purpose of news reporting, criticism, education, research, etc., and thus does not constitute an act that does not meet the requirements for composition, or that does not violate social rules. However, the Defendant’s act constitutes a work made for profit pursuant to Article 37 of the Copyright Act; in order to use another’s work pursuant to Article 28 of the Copyright Act, the Defendant’s use of another’s work without the consent of the victim without the consent of the victim; in light of the fact that the Defendant used the work without the consent of the victim; the purpose of the quotation; the nature of the work; and the method and form of making the work to be used without the consent of the victim pursuant to Article 37 of the Copyright Act, it cannot be deemed that the Defendant’s use of the work by the victim in this case constitutes a legitimate use of a work under Article 28 of the Copyright Act or an act within the scope

Therefore, we cannot accept the above argument of the defendant and his defense counsel.

Application of Statutes

1. Article 136 (1) 1 of the Copyright Act applicable to the relevant criminal facts and Article 136 (1) 1 of the Act on the Selection of Punishment;

1. A fine of 700,000 won to be suspended;

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