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(영문) 수원지방법원 평택지원 2017.10.18 2017고정309
저작권법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who has joined the M&A M&S mobile service.

No person shall infringe any author's property right or other property rights protected pursuant to the Copyright Act by means of reproduction, public performance, transmission, exhibition and distribution to the public, or by means of preparation of a derivative work.

Nevertheless, on June 21, 2016, the Defendant connected to the pertinent service with Pyeongtaek-si B, 1, and 101, which is a residence of the Defendant. The Defendant purchased and downloaded the film “spoppy” from the Defendant’s “Poppy”, and made an illegal reproduction by nullifying the technical protection measures, and then downloaded the relevant video work on the Internet-sharing web website file (www.yftile.com) for the purpose of obtaining the web lower points.

Accordingly, the defendant violated the complainant's right of reproduction and the right of public transmission by allowing many unspecified persons to download a motion picture without permission.

Summary of Evidence

1. Statement by the defendant in court;

1. A complaint (including attached data);

1. The screen of each closure of a course;

1. Application of the Acts and subordinate statutes on the information response data for the purchasers of the K leleto mobile TV;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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