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(영문) 대구지방법원 상주지원 2017.05.12 2016고정157
저작권법위반
Text

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 intrude the author's property right by means of reproduction, performance, public transmission, exhibition, distribution, lease, or preparation of secondary copyrighted works.

Nevertheless, on December 14, 2015, the Defendant sent the victim’s copyrighted work by accessing the Internet prote disc (yftile.com) to AdiB, and distributing the file “D” in which copyright is located to C.

As a result, the Defendant displayed and distributed the above copyrighted works so that many unspecified persons who have joined the above site may download the said copyrighted works, thereby infringing on the victim’s author’s property right.

No person shall intrude the author's property right by means of reproduction, performance, public transmission, exhibition, distribution, lease, or preparation of secondary copyrighted works.

Nevertheless, on December 14, 2015, the Defendant sent the victim’s copyrighted work by linking the victim’s copyrighted disc (yftile.com) with the victim’s “diB” and distributing the victim’s copyrighted work by downloading the victim’s copyrighted work to the victim’s work.

Summary of Evidence

. 2016 fixed 157

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. C’s statement;

1. Each investigation report (No. 4, 8) (Evidence No. 4, 8); 158, 2016 order;

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. E statements;

1. Application of Acts and subordinate statutes to the investigation report (No. 5 No. 5 of the evidence list);

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. 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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