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(영문) 수원지방법원 2013.04.25 2013고정375
저작권법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who has joined the Internet file sharing site as a ID (B) or a clinic (C), and worked for the Internet file (www.ftil andcom).

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

From November 27, 2011 to March 8, 2012, the Defendant: (a) accessed the file file file site from his/her residence located in He/she had access to the said file file site; and (b) posted 3,176 files on the file file file file file without a copyright holder’s permission, as indicated in the attached list of crimes (the details of a hedge program) such as TV farm; and (c) posted 3,176 files on the file file file file file file without a copyright holder’s permission so that many and unspecified members, who access the file file site, can get downloaded; and (d) received a certain portion of the file points paid by many and unspecified members, and converted the amount of KRW 1,074,020 from this point to make them available or purchased goods in cash; and (d) removed goods from the Internet shopping by converting the amount of KRW 1,074,020.

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 broadcast programs and film works without the copyright holder’s consent habitually for his own profit.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to stamp reports, investigative reports (a copy of investigative documents attached), reports on the intelligence of crimes and on the arrival of internal organs, copies of reports on the result of the execution of the warrant, reports on the second selection of business partners subject to the investigation, reports on the investigation (a copy of business posts) and reports on the investigation;

1. Article 136(1) of the former Copyright Act (amended by Act No. 11110, Dec. 2, 201); each of the relevant statutory provisions regarding criminal facts and the choice of punishment (amended by Act No. 136(1)

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

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