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Defendant shall be punished by a fine of KRW 500,000.
Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Reasons
Punishment of the crime
No person shall infringe on a author's property right by means of reproduction, performance, public transmission, exhibition, transmission, distribution, lease, or preparation of a derivative work, of property right or other property rights protected under the Copyright Act.
1. On November 23, 2015, the Defendant infringed on the copyright by linking the co-owned site to “B” the disks (www.onisk.co. kr) at the Ilpo-si, Sinpo-si (www) and sharing the copyrighted work of “D” in which the right of property was created to the victim C (hereinafter “W”) so that many people can get the copyrighted work of “D”, which was written on the basis of the right of property.
2. On November 25, 2015, the Defendant infringed on the copyright by linking the Internet site’s joint site’s hard disks (www.kdisk.co. .kr) to “E” and sharing the copyrighted work of “D” having the right to property to the victim C so that it can be shared by a large number of people.
Summary of Evidence
1. A protocol concerning the examination of the police officers of the accused;
1. Application of each statute on filing of a complaint;
1. Relevant Article 136 (1) 1 of the Copyright Act concerning facts constituting an offense and Article 136 (1) 1 of the same Act concerning the selection of punishment (excluding punishment);
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;