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(영문) 서울동부지방법원 2018.11.28 2018고단3486
저작권법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The Defendant is a person who has joined and works as a member (A: B) on the Internet web website (www.withisk.net).

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

Nevertheless, on February 26, 2018, the Defendant infringed on the victim’s copyright by making it available to unspecified members of the said site by advertising “NNY 2”, which is a copyright holder, for the purpose of receiving cash refund points by accessing the above hard disc site at the Defendant’s office located in Busan Busan District, Busan District, for the purpose of receiving cash refund points by accessing the above hard disc site.

In addition, from around that time to June 21, 2018, the Defendant, as indicated in the list of crimes attached hereto, had engaged in the work of broadcasting of victims 12,982 times in total (216,156 times when many and unspecified members download) and infringed on copyright for profit.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (the result of the analysis of the above hard disks response data and the tracking of IP addresses);

1. Application of the Act and subordinate statutes on the closure of the business Round on the screen, the business Round list, and the business Round on the further screen screen;

1. Relevant Article 136 (1) 1 of the Copyright Act and the choice of punishment for an offense, and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant's reasons for the sentencing of Article 62-2 of the Criminal Code of the Social Service Order and the defendant's each crime of this case for the protection and observation of the copyright and the sentencing of Article 62-2 of the Criminal Code are considerable in the number of copyrighted works infringed on copyright and the scale of damage, the defendant has been punished twice due to the violation of the Copyright

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