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(영문) 수원지방법원 안양지원 2014.04.11 2014고단88
전기통신사업법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant who violated the Telecommunications Business Act from January 20, 2013 to the same year

9. During the operation of a “D” site without being registered with the Minister of Science, ICT and Future Planning at the Defendant’s residence located in the Manpo City CB01, the Defendant’s work, such as a domestic broadcast drama and art program stored in the said site’s computer, was made available to other Internet users for downloading, without being registered with the Minister of Science, ICT and Future Planning, and upon entering into an advertising agency agreement with the said site, KRW 70 per case was paid to the said site each time when the visitor characters.

Accordingly, the defendant conducted special value-added telecommunications services without being registered with the Minister of Science, ICT and Future Planning.

2. The Defendant operated a 'D’ site as described in Paragraph 1 of the Copyright Act, which facilitates copyright infringement activities by allowing a large number of unspecified site users to distribute copyrighted works, such as domestic broadcasting dramas and artistic programs, by downloading and downloading them without the consent of the copyright owner.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Round and screen pictures of illegal reproductions;

1. Application of Acts and subordinate statutes to certificates of deposit transaction;

1. Articles 95 subparag. 3-2 and 22(2) of the Telecommunications Business Act for criminal facts; Article 136(1)1 of the Copyright Act; Article 32(1) of the Criminal Act (the aiding and abetting the Violation of the Copyright Act) and each of the imprisonment options (the commission of aiding and abetting the Violation of the Copyright Act) for criminal facts (the commission of aiding and abetting the Violation of the Copyright Act) (the commission of aiding and abetting the Violation of the Copyright Act)

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

1. Article 62(1) of the Criminal Act shall apply to the defendant;

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