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(영문) 인천지방법원 2015.04.16 2014고단2835
저작권법위반등
Text

Defendant

A Imprisonment for one year, and Defendant B shall be punished by a fine of 20,000,000 won.

However, the defendant A.

Reasons

Punishment of the crime

[The Defendant A was sentenced to a fine of KRW 3,00,000 for a crime of aiding and abetting in violation of the Copyright Act at the Incheon District Court on September 7, 2012. On October 2, 2012, Defendant A was sentenced to a fine of KRW 2,00,000 for the same crime in the same court on October 2, 2012. On December 16, 2013, Defendant A was sentenced to a fine of KRW 2,00,000 for the same crime.

Defendant

A From February 27, 2012, Defendant B, a corporation operating Defendant B on the eightth floor of the Incheon Bupyeong-gu E building, operated the Internet web site “F”. “F” enables its members to run or download film, television drama, and other broadcast materials through the website in a computer file format, and members to buy points, fixed fee rates, etc. necessary to receive downloads from F “F” and then gain profits by dividing them into certain rates with those who run the file (hereinafter “business”).

As a result, Defendant A had a total of 128 web servers, including 8 web servers and 14 mobile servers, and had its members store unlimited storage space and business channel, etc. from 15 to 360 days by providing them with unlimited storage space and business channel programs, so that many and unspecified members can download the up to 15th to 360, but the points necessary to receive the download have been sold as 1 point per one point, and members sold a fixed right to receive the downloadd data for a certain period of time. Members were able to settle it by various methods, such as credit cards, Handphones, small-amount payment, and deposits without passbook. In order to attract its members, the Defendant provided various benefits, such as free-of-charge registration vouchers, sellers’ cupons, attendance event, mobile content-sharing, mobile service content-sharing, and mobile service declarations.

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