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(영문) 인천지방법원 부천지원 2013.11.29 2013고정2014
저작권법위반방조
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative of the corporation C, which is one of the main office Btel 1010 in Bupyeong-gu, Busan, the purpose of which is to provide online information, etc., and C is a corporation that operates web site D based on the shared web storage service.

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

Nevertheless, the Defendant, at the above office around August 15, 2013, assisted the act of infringing the copyright of the said policyholder by facilitating the act of distributing the victim’s cinematographic works by recording the file in the bulletin board No. 2296134, which is the victim’s cinematographic work, at the above office without the consent of the Korean Broadcasting System (KBS) at a place in which the said D’s name was not available at the same time, and by facilitating the act of distributing the victim’s cinematographic works in violation of the victim’s copyright, and aiding and abetting the copyright infringement of the said policyholder’s copyright by neglecting the distribution act as it is. From around that time to August 21, 2013, the Defendant: (a) by facilitating the act of infringing the copyright of the said policyholder’s d'E, such as the victim’s d'E, as described in the separate crime list, by neglecting the act of infringing the copyright of 19,194 times in total on the said website as it is.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. The application of Acts and subordinate statutes attached to the complaint, data on the adjustment of quantity of evidence collected by content, and list of crimes;

1. Article 136 (1) 1 of the Copyright Act, Article 32 (1) of the Criminal Act and Article 32 (1) of the Criminal Act concerning the relevant criminal facts, the selection of fines;

1. Articles 32(2) and 55(1)6 of the Criminal Act for aiding and abetting and mitigation;

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)1 of the Criminal Act for the detention of a workhouse;

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