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(영문) 서울중앙지방법원 2014.11.05 2014고단4801
저작권법위반
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

[2014 Highest 4801]

1. At around 00:41 on July 24, 2012, the Defendant: (a) visited D’s web site (D) using a computer at the location where the Defendant’s residence located in Ansan-si and 203 was located; and (b) opened a notice “D’s web site (D)” (hereinafter “D’s web site”) at [526] 24 amy Four (Twn 1 - 01 ambl - 10 ambl ] without the copyright holder’s permission; and (c) opened the so-called “non-affiliated” video files, i.e., “24., [24.S. 01 - 01 amb- 01 amb.01 xri. xri. Mavi], so that many and unspecified members of the above-mentioned website can collect fees.

In addition, from that time until April 26, 2013, the Defendant opened the non-permanent video files more than 2,154 times without the authorization of copyright holder in the same manner and made it possible for many unspecified site members to pay a fee.

Accordingly, the defendant habitually infringed the author's property right by means of public transmission for profit purpose.

[2014 Highest 6059]

2. The Defendant is currently residing in Ansan-si C and 203, and is currently working as a company member on October 24, 2013 as an “E” in the Internet web hard drive (vegaisk.com).

The Defendant, with knowledge of the fact that if a work of another person is offered as a business on a cyber disc, part of points paid when members receive a download, may be accumulated as one’s own profits, and that it may receive another video from the points or use it by converting it into another points, he/she operated another person’s work after obtaining approval from the seller of the web site.

Accordingly, a total of 1,988 U.S. drones, such as “feat fat - 4-17 U.S. Pison -” with copyright owned by another person from Oct. 31, 2013 to Feb. 24, 2014, are personal PC at the home in which he/she resides, such as in the list of crimes in the attached Form.

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