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(영문) 서울남부지방법원 2013.10.02 2013고단1208
저작권법위반방조
Text

Defendant

C Imprisonment with prison labor for six months and for five million won, each of the defendants A shall be punished by a fine.

However, as to Defendant C,

Reasons

Punishment of the crime

Defendant

C is a person who operates the web 'B' site of Geumcheon-gu Seoul Metropolitan Government F Building 1408, and the defendant corporation is a corporation established for the purpose of online information provision business.

1. On March 9, 2012, Defendant C: (a) even though a member, “IDG” of B, was aware of the fact that he/she copied the “Temporary and hugo file,” which is copyright, on the web hived bulletin board without the copyright owner’s permission, the Defendant: (b) extracted from the DNA or hug value of the work published on the web hived; (c) extracted from the work’s work, comparison, and analysis; and (d) prevented the posting of the unlawful copyrighted work by not operating the hiveing system that can easily delete the unlawful copyrighted work; and (d) made it easy for unspecified site users to pay the price so that the said copyrighted work may be easily released at any time, thereby infringing on the reproduction of the copyrighted work, which is the copyright owner, and the public transmission method.

In addition, from that time until April 24, 2012, the Defendant aided and abetted 707 illegal works posted on the bulletin board of the pertinent website by members, such as the list of crimes in attached Form B, to facilitate the infringement of copyright holders’ reproduction of copyrighted works and public transmission for profit by the same method.

2. Defendant A, a representative of the Defendant, committed a violation by aiding and abetting users of an unspecified number of sites to infringe upon the Defendant’s work by means of reproduction and public transmission of the copyright owner’s copyrighted work.

Summary of Evidence

1. A protocol concerning the examination of the accused by the prosecution (including H part of the statement);

1. Statement of the police statement related H;

1. One CD;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to separate judgments);

1. The relevant Article of the Copyright Act concerning criminal facts;

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