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(영문) 부산지방법원 2013.10.30 2013고정4358
저작권법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

No person shall infringe author's property right by means of reproduction, performance, public transmission, exhibition, distribution, lending, or preparation of a derivative work.

Nevertheless, the Defendant, with knowledge of the fact that if a third party’s work is run on an Internet web display, a part of points paid when members receive a download, may be accumulated in his/her own profit, and that the points may be used in a downloading another’s work with the points, he/she, upon obtaining the approval of the seller from the operator of the e-mail, intended to open another person’s work.

Accordingly, on December 3, 2012, from around March 27, 2013 to around March 27, 2013, Pakistan used a flat-use computer in its own residential area located in Geumcheon-gu Busan, and used a copyright to another person, and did not take a leave of absence of a Tpppppact, and thus, it habitually infringed another person’s property right by putting a total of 41 another person’s work on a Tpp, as shown in the attached list of crimes, including, but not limited to, an up-to-date film “Anchp”, “Anchidine and Death,” “Amllllllz and Death,” and “Ampin,” so that many and unspecified members can download it, and as a result, it was habitually infringed upon another person’s property right by converting it into cash from the Tpp, and then acquiring it.

Summary of Evidence

1. Defendant's legal statement;

1. Personal details of the accused, summary of activities, non-affiliated content, details of downloads and downloads, details of accumulated points cash withdrawal, and application of the Acts and subordinate statutes on closure screen screens;

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

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

1. Articles 70 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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