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(영문) 서울북부지방법원 2014.12.10 2014고정2533
저작권법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

If author's property rights and other property rights protected pursuant to the Copyright Act are infringed by means of reproduction, performance, public transmission, exhibition, distribution, lending, or preparation of a derivative work.

1. On June 4, 2014, the Defendant infringed on the copyright by accessing the Defendant’s house located in the Seoul Jung-gu B apartment No. 5, 204, the Defendant’s house, by inserting “log”, “log,” and “emergency,” files, etc., a literary work in which C has copyright, into which C’s copyrighted work, and by displaying and distributing “loged novel completion sound (260).zpepe” without permission.

2. On July 10, 2014, the Defendant infringed upon the copyright by advertising and distributing “sabababababababababababa(sabababababababababa)” mar, which is a literary work D’s copyright, connected to the said file book at the above Defendant’s home, by inserting it into a printed work with D’s copyright.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements in C and D;

1. The closure data and application of Acts and subordinate statutes on each registration certificate of copyright;

1. Article 136 (1) 1 of the Copyright Act and Article 136 (1) 1 of the same Act concerning criminal facts, the selection of fines;

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

1. Articles 70 (1) 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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