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(영문) 서울중앙지방법원 2014.05.28 2014고단1496
저작권법위반방조
Text

Defendant

A shall be punished by imprisonment with prison labor for six months, by a fine of twenty thousand won,00,000 won.

except that this judgment.

Reasons

Punishment of the crime

[2014 Highest 1496]

1. Assistance in violation of the Copyright Act;

A. Defendant A is the representative director of Defendant B, a corporation mainly engaged in Internet content service and fashion sales while operating the Internet web site, which is a website.

Around July 25, 2013, the Defendant agreed to the effect that “A contract for the provision of a video downloading service using a smartphone in the building at H and 1402 in Guro-gu Seoul, Seoul, and that “A company I shall take technical protective measures against the video files, etc. posted by G web site and receive the consideration therefor,” when entering into a contract with I (Representative Director J) Co., Ltd. and I (RepresentativeJ) on August 12, 2013.”

Nevertheless, the Defendant did not obtain permission to exploit a copyrighted work from a copyright holder, and, when conducting a pening, the file publication is interrupted and discarded in G Web World. As seen above, the Defendant did not take measures to apply a pening. On August 30, 2013, G members using K Gadi did not take measures to apply a pening. However, even though the video files were put on G site without the consent of the copyright holder, the said video files were posted on G site as they are, so that other members can download it.

In addition, the Defendant received, from that time until November 29, 2013, 590,994 non-affiliated posts from G sites, such as the list of crimes in the attached Table, so that other members can download them.

Accordingly, the defendant aided and aided the infringement of author's property rights by habitually non-nameing members.

B. Defendant B is a corporation established for the purpose of Internet content service, recreation sales, online information provision business, etc.

A, the representative director of the defendant, is the above A.

(b).

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