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Defendant shall be punished by a fine of KRW 800,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
[2014, fixed number 13] On October 29, 2009, the Defendant subscribed to the Internet Web Site Development Bank Co., Ltd. (htp://www.dtile.co.kr) with the ID of “B”.
On November 20, 2011, the Defendant, at the Defendant’s residence, posted a motion picture called “final bottle” of the victim’s copyrighted work on the said website without the consent of the copyright holder, thereby infringing the victim’s author’s property right by sharing it so that many and unspecified persons can view the said copyrighted work.
[2014 high-level 14] Although the Defendant did not infringe upon property rights protected by author’s property rights by means of reproduction, public performance, broadcasting, exhibition, transmission, and distribution, the Defendant distributed the “Sapt 14, a film work,” which is a copyrighted work, by means of registering the “Sapt 14,” which is a copyrighted work, in a way that an unspecified number of people can be downloaded by registering the “Sapt 14,” which is a copyrighted work, in Songpa-gu Seoul, a residential area, with an access to an Internet-based file (www.rair.co., Ltd.) around December 26, 201.
Accordingly, the defendant infringed the author's property right of copyright holder by registering and distributing another person's work as a business.
Summary of Evidence
1. Defendant's legal statement;
1. Each complaint;
1. Application of photographic Acts and subordinate statutes after capturing the Internet;
1. Article 136(1) of the former Copyright Act (amended by Act No. 11110, Dec. 2, 201); each provision applicable to criminal facts and each provision applicable to the choice of punishment (elective of fines)
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;