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(영문) 부산지방법원 동부지원 2014.10.30 2014고정879
저작권법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 24, 2011, the Defendant subscribed to the Internet web live file box (hereinafter referred to as the “live file box”) as Adi “C” and Adid “D”.

No person shall infringe on authors’ property rights or other property rights protected by this Act by means of reproduction, performance, notarized transmission, exhibition, distribution, lease, or preparation of a derivative work.

Nevertheless, the Defendant, on May 27, 201, knew of the fact that if a work of another person is offered as a type of file, a part of points paid when members receive a download, may be accumulated as one’s own profits, and that a part of the points may be used by downloading another video with the points or by converting it into another point, had the intent to download another person’s work after obtaining approval from the seller of the file box on or around May 27, 201.

Accordingly, from June 1, 2013 to August 29, 2013, the Defendant opened a file with another person’s copyright using a flat-use computer at his own residence from around June 1, 2013 to August 20, 2013, and then, the Defendant had a total of 5,423 copyrighted works as indicated in the attached crime list, such as “Dlim-combined sheet 1 and 2 copies”, “Selim-ray 1 and 2 copies”, “Selim-ray 1 and 2 copies”, “Selim-type 1 and 423 copyrighted works as shown in the attached crime list,” and “Selim-type 5,423 copyrighted works as shown in the file box,” and many and unspecified members of the file box were allowed to download 9,423 times.

In addition, the Defendant violated the Copyright Act by habitually infringing on another’s copyright for profit, such as accumulating part of the points paid by the members from the file box operator, and using it as cash, and converting it from one point to 693,762 points into one point.

Summary of Evidence

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