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(영문) 서울동부지방법원 2020.10.27 2020고단2093
저작권법위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On July 10, 2016, the Defendant subscribed to the web lower-class 2093 “C” and habitually infringed on other persons’ property rights for profit by withdrawing out of cash (2,480,000 won) and using the points accumulated in return for such business in cash (2,480,00 won) from January 17, 2018 to June 21, 2018.

No infringement shall be made by means of reproduction, performance, public transmission, display, distribution, lease, or preparation of secondary copyrighted works, of author's property rights or other property rights protected pursuant to the Copyright Act of 200 Highest 2627 and other property rights protected pursuant to the Copyright Act.

Nevertheless, the Defendant, at around October 2013, connected the Internet site “H” to the Internet site “H” or “J” in the Defendant’s residence in Gangdong-gu Seoul building and the Defendant’s residence, and then reproduced and distributed the copyrighted video files 16 times in total as shown in the attached list of crimes, including where the K K opened the same video files with copyright.

Summary of Evidence

"200 Highest 2093"

1. Each list of the defendant's legal statements and the list of business lines;

1. Details of the closure of the screen after the closure of the screen;

1. Data requested to provide investigative data and communications data;

1. Information on accession to IP, 2020 Highest 2627;

1. Defendant's legal statement;

1. Written statements;

1. Application of Acts and subordinate statutes on screen pictures;

1. Article 136 (1) 1 of the Copyright Act and the choice of punishment for a crime;

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

1. The amount, the period, and the same kind of crime of the work that the defendant was working for the reason of sentencing in Article 62(1) of the Criminal Code.

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