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(영문) 울산지방법원 2015.01.30 2014고정2034
저작권법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant joined the Internet file sharing site and the tank disc (htp://twanisk.com) as a seller and registered as a seller around February 13, 2013.

From February 13, 2013 to September 4, 2013, the Defendant accessed the above tank disc site using a computer in Ulsan-gu D building, and from the Defendant’s residence in 1001, the Defendant used the aforementioned tank disc site, and then got a total of 15,941 non-permanent work (MBC), domestic broadcast program “Korean marriage (MBC),” “S,” “S,” “S, KBS,” “KBS,” “S,” “SBS,” “S,” “SBS,” and “TBS,” “TBC,” and “TVN’s work,” 15,941 non-digital contents (MBC) and then received a total of 30 and 500 mobile diskss from members of the above tank and received them from 15,500 and 16500 mobile diskss through the above tank work (MBC).

Accordingly, the Defendant violated the copyright holder’s right of reproduction and public transmission, which is the author’s property right, by reproducing and publicly transmitting cinematographic works such as domestic broadcasting programs without the copyright holder’s consent, for his own profit.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (Attachment to the details of activities of the tank disks);

1. Tank B integrated information on tank disks;

1. Details of the accumulated capital from tank disks;

1. Application of Acts and subordinate statutes on outputs of tank disks B non-affiliated content content;

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

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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