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(영문) 서울중앙지방법원 2014.06.26 2014고단2604
저작권법위반
Text

Defendant

E In one year and six months of imprisonment, Defendant A is punished by a fine of 5,00,000 won, Defendant B is punished by a fine of 3,00,000 won, and Defendant B is punished by a fine of 1,000 won.

Reasons

Punishment of the crime

1. Defendant A is a person who professionally downloads illegal copyrighted works on a web hypt site for profit.

Around April 4, 2013, the Defendant had access to the J Web Had' K and the clinic L on the J Web Had's website at the Sungnam-si I apartment management office, Sungnam-si, the Defendant posted the video works without the consent of the copyright owner, as shown in the attached Table 1, from April 4, 2013 to September 1, 2013, by reproducing 20,57 video files, as shown in the attached Table 1, and then downloading them to the above site. At that time, the Defendant received approximately KRW 11.40,00 by means of paying the user fee to the non-party access to the above site and allowing him/her to download the relevant video works.

Accordingly, the defendant has habitually infringed the author's property rights by reproducing, transmitting, distributing and distributing them for profit.

2. Defendant B is a person who specializes in the illegal copyrighted works on the web website for profit-making purposes.

From March 30, 2013 to August 4, 2013, the Defendant connected the Defendant’s house located in Jung-gu Incheon, Jung-gu, Incheon, by using the “N” and the “O” on the J Web 203-dong 601-dong 201-dong 601-dong 201-dong 601-dong, and received fees from the Defendant by inserting a notice stating the “(720p] 5-17 [Attachment, Han Young-gu 20-dong 2],” and then posting a video work without the consent of the copyright owner. From March 30, 2013 to August 30, 2013, the Defendant received a total of 6,903 video files from the Defendant’s house to the said website, and around that time, by allowing the users connected to the above website to pay the fee and by allowing them to download the said video work.

Accordingly, the defendant has habitually reproduced, transmitted, and transmitted the author's property rights of copyright holders for profit.

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