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(영문) 제주지방법원 2020.05.14 2018노711
저작권법위반등
Text

The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for a year and six months, and by imprisonment with prison labor for a period of ten months.

(2).

Reasons

1. Summary of grounds for appeal;

A. Prosecutor 1) Meritorious of legal principles that Defendant A received through a crime of violating the Copyright Act (hereinafter “Criminal Proceeds Concealment Act”) by Defendant A, both of the 638,695,92 won that was remitted to the account under the name of Defendant B or K, and the 36,407,216 won that was remitted to the account under the name of Defendant A (hereinafter “Criminal Proceeds Concealment Regulation Act”).

(2) As such, each sentence (Defendant A: suspended sentence of one year and six years, community service order240 hours, Defendant B: imprisonment of ten months, suspended sentence of three years, and community service order 120 hours), which the lower court sentenced to the Defendants on the grounds that the Defendants conspired to collect or dispose of criminal proceeds and thus, constitutes “the money that has concealed and concealed the facts regarding the acquisition or disposition of criminal proceeds,” and thus, should be additionally collected pursuant to Article 8(1)3 of the Act on the Regulation of Criminal Proceeds Concealment. Nevertheless, the lower court did not impose the penalty on the Defendants, thereby affecting the conclusion of the judgment. 2) Since it did not impose the penalty on the Defendants, the lower court erred by misapprehending the legal doctrine on the collection of criminal proceeds, etc., thereby affecting the conclusion of the judgment.

B. Defendants 1) 1 cannot be deemed to have circumvented the technological protection measures established by Defendant A’s copyright holder. ② The Defendants’ receipt of profits from the crime of violation of the Copyright Act in the name of K is merely attributable to himself/herself as the subject of the relevant criminal act, and cannot be deemed to have pretended to the fact regarding the acquisition of criminal proceeds, etc., and the lower court erred by misapprehending the facts or misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment. (2) Each of the above punishments imposed by the lower court on the Defendants is too unreasonable.

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