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(영문) 서울중앙지방법원 2015.12.24 2015고단6995
저작권법위반
Text

Defendant shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

around February 16, 2013, the Defendant opened a total of 2,293 video files in the same manner as indicated in the separate crime list from around September 4, 2013, and received points in the amount from the operator of the said web site as commission fees, by accessing the “D” web site (D) via a computer, which is referred to as “E” to download the video files, to an unspecified number of members, without the copyright holder’s permission.

Accordingly, the defendant had habitually infringed intellectual property rights by means of reproduction, public transmission and distribution for profit-making purposes.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect concerning F by the prosecution;

1. Investigative report (D hedge business confirmation report), details of output of the upper 20 ID status by hedger, and details of the registered posted materials by hedger;

1. Investigation record, inquiry into criminal records, summary order, investigation report (the confirmation of a case by the same type), case search, and application of statutes of the judgment;

1. Article 136 (1) of the Copyright Act and the selection of fines concerning facts constituting an offense;

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

1. Determination of the sentence like the order shall be made by comprehensively taking into account the following factors, comprehensively taking into account the following factors: the size of illegal business gambling reasons for sentencing under Article 334(1) of the Criminal Procedure Act; profits earned by the defendant; records of the crime; and the age, character and conduct, environment, details of the crime, and circumstances after the crime

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