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(영문) 부산지방법원 동부지원 2014.11.06 2014고단1482
저작권법위반방조
Text

Defendant

A shall be punished by imprisonment for six months, and by a fine of five million won for Defendant B.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

A is the representative director of corporation B, and Defendant B is a corporation established for the purpose of online information provision, software development, etc.

1. Defendant A, operated by Defendant C, had its members run a third party’s work in the form of computer files (hereinafter “works”), such as motion pictures, television broadcast materials, and sound sources, etc. The Defendant allowed its members to freely download them. The Defendant sold points, fixed points, etc. as may be necessary when its members downloaded the copyrighted works, and divide the points paid by the members of the download into the file at a certain rate (hereinafter “livers”) with those who downloaded the file each time the copyrighted works are downloaded, without distinguishing the copyrighted works of the seller from the copyrighted works of another, and without having been able to easily manage the copyrighted works of the seller at five stages of work, and to freely download them. The Defendant made a request from its members for a considerable period of time on March 15, 2013 to eliminate the points paid by the members from the copyrighted works of the Plaintiff to 30 to 50 percentage of the copyrighted works, and made it possible for its members to freely use the copyrighted works of the server and the number of the copyrighted works.

Therefore, the Defendant had the business route members who joined C from March 15, 2013 to September 12, 2013 hold the copyright.

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