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The punishment of the accused shall be determined by imprisonment with prison labor for ten months.
However, for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
No person shall infringe upon author's property right or other property rights protected pursuant to the Copyright Act by means of reproduction, performance, public transmission, exhibition, distribution, lending, or production of derivative works.
Nevertheless, around August 3, 2016, the Defendant built C’s homepage using the Nowon-gu, Seoul Special Metropolitan City Nowon-gu’s Nowon-gu computer using the Nowon-gu’s office-based domain registration company and server leasing company. After creating the novel bulletin board for the previous illegal reproductions, the Defendant sent the novel message board for the victim D’s “E”, victim F’s “G”, “H”, victim I’s “J”, victim K’s “N”, victim’s “N”, victim Q’s “P”, victim Q’s “R”, and victim S’s “T”, etc. to the members of the website.
From April 2017 to November 7, 2018, the Defendant granted its members the right to open a novel file to the said website’s novel bulletin board, so that the Defendant can download and display the novel file, which is a copyrighted literary work, as a total of 47,000 copies of illegal copies, including the victim U’s 'V', victim W’, victim W’, victim Y’s Z, and victim Y’s Z, “AA”, etc., 7,000 copies, such as a total of 77 novels, and then, 10 copies of the novels can be viewed as unlimited novels for a day. Meanwhile, the Defendant accumulated points that can see works, such as the novels, etc., issued the electronic wall address of virtual currency (LTC, abbreviated name LC) and posted to remitters.
As above, the Defendant infringed on the copyright by reproducing and publicly transmitting the importation of virtual currency from 190 members to 355 times from January 17, 2018 to August 28, 2018 via an information and communications network, such as raising the income of the total amount of virtual currency 86.957LC (an amount equivalent to approximately 10,133,460 won in Korean currency).
Summary of Evidence
1. The defendant;