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(영문) 수원지방법원 안양지원 2018.01.16 2017고단1076
저작권법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

No person of "2017 Highest 1076" shall infringe any author's property right by means of reproduction, public performance, public transmission, exhibition, distribution, rental, or preparation of a derivative work.

Nevertheless, the Defendant, on the Internet file sharing website without the permission of the copyright holder, opened various novels, etc., and had other members receive points each time they receive them downloaded to use them as living expenses, etc., and infringed on the copyright holder’s property right twice as follows.

1. On November 2016, at the DPC room located in the Si/Gun/Gu, Gyeonggi-do, the Defendant: (a) connected to htp (/sharebox.co.D) an Internet file-sharing site to E, and (b) allowed many and unspecified members to download the file of the “G” book without permission of F, the copyright holder.

2. On March 23, 2017, the Defendant: (a) connected the instant disc (htp://bonisk.com) which is an Internet file sharing site to H “H”; (b) opened the file of “G” to the said website without permission of the copyright holder F, so that many and unspecified members can download the file.

No person of "2017 Highest 1237" shall infringe any author's property right by means of reproduction, public performance, public transmission, exhibition, distribution, rental, or preparation of a derivative work.

On February 23, 2017, at the DPC room located in the Dongpo-si, Gyeonggi-do, the Defendant connected the Internet file sharing website to the “I” (onisk.co. kr). At the same time, the Defendant, without the consent of the J as the copyright holder, sent the file of “K” to the said website so that many and unspecified members can download it. From that time, from that time until April 24, 2017, the Defendant up to April 23, 2017, up to 23 times the file of the copyright owner’s copyrighted work at the Internet file sharing site, such as the one of the crimes table (1).

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