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(영문) 대구지방법원 서부지원 2019.10.16 2018고단3651
저작권법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2018 Highest 3651] No person shall infringe an author’s property right by means of reproduction, performance, public transmission, display, distribution, lease, or preparation of a derivative work.

Nevertheless, around August 6, 2018, the Defendant, at the Defendant’s house located in Daegu, Seo-gu, B, and C, infringed the victims’ author’s property rights by having the victims run a film work with copyright for 46 times from June 18, 2018 to September 13, 2018, as indicated in the attached List of Crimes (1).

[2019 Highest 426] No person shall infringe an author’s property right by means of reproduction, performance, public transmission, display, distribution, lending, or preparation of secondary copyrighted works.

Nevertheless, around September 21, 2018, the Defendant, at the Defendant’s house located in Daegu, Seo-gu, B, and C, up to September 21, 2018, up to seven times, infringed the victims’ author’s property rights by advertising the film work in which the victims’ “GH” files, a film work in which the copyright is held, were transmitted by an unspecified number of people so that they can be shared by an unspecified number of people, from that time to September 28, 2018.

[2019 Highest 849] No person shall infringe an author’s property right by means of reproduction, performance, public transmission, display, distribution, lending, or preparation of secondary copyrighted works.

On August 18, 2018, the Defendant, at the Defendant’s house located in Seogu-gu, Seo-gu and C around August 18, 2018, can share a film “K” file that is a cinematographic work owned by the victim J-based limited liability company on the Internet web website “D” bulletin board.

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