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A defendant shall be punished by a fine of 500,000 won.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
In spite of the fact that no one may intrude the author’s property right by means of reproduction, public performance, public transmission, exhibition, distribution, rental, and preparation of secondary copyrighted works, the Defendant, on July 13, 2016, connected the file sharing site “New disc (www.Sedisk.com)” using computers installed at No. 2, No. 101-703 at around July 13, 2016 with the aim of obtaining points to be accumulated in return for the work of another person without permission, and then distributed the victim’s digital files, a video work with copyright, to the victims’ (ju), without permission, from around August 23, 2016, including distribution of the victims’ digital files to many and unspecified users without permission, to the victims’ property right from around 1,5, and from around 9, 2016.
Summary of Evidence
1. Statement by the defendant in court;
1. Each complaint;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. The relevant Act and the selection of a fine for a crime under Article 136 (1) 1 of the Copyright Act and the selection of a penalty;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment
1. On July 14, 2016, the Defendant infringed on the victim’s property right by distributing the work of the victims to the victim Nos. 2-4, 6-8, and 10 in the same manner as the previous criminal facts, including the victim D, on seven occasions in total.
2. Grounds for dismissing the public prosecution;
(a) An offense subject to prosecution on complaint (the main sentence of Article 140 of the Copyright Act);
B. Submission of an agreement that contains intent to cancel the complaint of the above victims after the indictment of this case
C. Judgment dismissing public prosecution (Article 327 subparag. 5 of the Criminal Procedure Act)