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(영문) 대전지방법원 서산지원 2013.04.05 2012고정539
저작권법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

No person shall infringe upon author's property right or other property rights protected pursuant to the Copyright Act by means of reproduction, performance, public transmission, exhibition, distribution, lending, or preparation of a derivative work.

1. On June 2012, 2012, the Defendant visited the Defendant’s house No. B 202 at the Defendant’s house to the file file (www.ftile.com) which is an Internet site, and publicly transmitted to the complainant C the file of the literary work “D” to enable many and unspecified members to download.

Accordingly, the defendant infringed on the author's property right of the complainant.

2. On July 2012, 2012, the Defendant visited the Defendant’s house No. B 202, at the Defendant’s house, to the file file (www.ftile.com) which is an Internet site, and publicly transmitted to the complainant E the file of the author’s property right, to enable many and unspecified members to download.

Accordingly, the defendant infringed on the author's property right of the complainant.

3. On July 2012, 2012, the Defendant visited the Defendant’s house No. B 202, at the Defendant’s house, to a file file (www.ftile.com) that is an Internet site, and publicly transmitted the Defendant’s literary work “H” file to the complainant to enable many and unspecified members to download.

Accordingly, the defendant infringed on the author's property right of the complainant.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of C, E, and G;

1. A screen by each closure of a signboard;

1. Application of statutes on copyright registration certificates;

1. Article 136 (1) of the Copyright Act and Article 136 (1) of the same Act concerning criminal facts and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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