A defendant shall be punished by imprisonment with prison labor for up to eight months and a fine of up to eight million won.

When the defendant does not pay the above fine.

Punishment of the crime

On October 28, 1998, the Defendant was sentenced to a suspended sentence of one year for a violation of the Copyright Act by the Seoul District Court.

Criminal facts

From January 1, 2016 to December 31, 2016, the Defendant is a person in charge of publication and business while working for F’s work located in Yeongdeungpo-gu Seoul Metropolitan Government E. The victim G is a representative of the said F. The victim entered into a contract under which the right of publication of “I” works is transferred by H of the copyright holder around March 10, 2015. On November 24, 2015, the Defendant entered into a contract under which the right of publication is transferred to “J” works.

On September 2016, the Defendant, while working in F, had a copy of the said two copyrighted works, printed 1,00 copies in total, 500 copies of “I” and “J” without the consent of the victim of the right of publication at L printing stations located in Seoul, Jung-gu, Seoul, and then sold 1,50 copies of the said two copyrighted works to the general public, who received 1.80,000 copies of the said two copyrighted works from a large number of unspecified persons in online and academic conference markets.

Accordingly, the defendant infringed the victim's right of publication by means of reproduction.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of a police suspect against M, N, orO;

1. Statement made by the police in relation to G;

1. A protocol of seizure and a list of seizure;

1. Contract;

1. The details of accounts of national bank in M, the details of sales and transfers, and the application of Acts and subordinate statutes of the specifications of transactions;

1. Relevant Article 136 (1) 1 of the Copyright Act and Article 136 (1) 1 of the same Act and Article 136 of the same Act concerning the selection of punishment for a crime concurrently

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. Article 139 of the Copyright Act;

1. The Defendant, for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, committed a second offense despite the fact that he was sentenced to a suspended sentence for the same crime.

The complainants want to be punished for the defendant.

However, it is against the defendant's wrong, and it has long history of the crime.