The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for six months.

Seized No. 1.

1. Defendant A and B

A. The summary of the grounds of appeal 1) misunderstanding of the facts and misapprehension of the legal principles (Defendant A) merely obtained three programs to create a private server on the Internet-sharing website called “self-defence” and operated a private server that is a copyright holder, the online game “Nebb2” (hereinafter “Neb”) in the online game “Neb” (hereinafter “Neb”) (hereinafter “the game of this case”), and distributed them by downloading the program for which technical protection measures were removed, and there was no fact that Defendant A voluntarily rescinded or circumvented the technical protection measures of the game of this case by cancelling them.

However, the judgment of the court below which recognized the defendant's violation of Articles 136 (2) 3-3 and 104-2 (1) of the Copyright Act is erroneous in the misunderstanding of facts and misunderstanding of legal principles.

2) The sentence of the lower court against the above Defendants A and B (Defendant A: imprisonment with prison labor for one year, Defendant B: fine of 3,000,000) is too unreasonable.

B. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court as to Defendant A’s assertion of misunderstanding the facts and misapprehension of the legal doctrine, namely, the Cloat Program (general “game Program”) of the instant game.

The game of this case is entitled to free download from the homepage of the game of this case. However, the game of this case is designed to be mutually linked with the Internet server program and the user's game program on the online surface. If a game user downloads the game program as above and executes it, he automatically connects only the Ap (IP) of the regular server provided by the UN CCF, and only the game user who has paid the user fee access to the game of this case using App and password.