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(영문) 광주지방법원 목포지원 2014.08.04 2014고정357
저작권법위반
Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

No person may infringe upon author’s property right or other property rights protected under the Copyright Act by means of reproduction, performance, public transmission, exhibition, distribution, lending, or preparation of a derivative work, despite the fact that such infringement has not been done:

1. On December 11, 2013, the Defendant accessed “C” to the Internet site B at an insular place, and infringed the victim’s copyright by allowing the victim Company D to download a video production of “E” in which the copyright is located to the victim Company D to download to an unspecified number of people.

2. The Defendant had access to F of the Internet file sharing site F to Defendant’s IDG, and infringed the victim’s copyright by allowing the victim H to download and download a copyrighted work to an unspecified number of people, i.e., an author’s property right.

Summary of Evidence

1. Defendant's legal statement;

1. Each complaint;

1. Application of Acts and subordinate statutes to a closed screen;

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

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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