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(영문) 서울남부지방법원 2012.10.09 2012고정777
저작권법위반
Text

Defendants shall be punished by a fine of KRW 4,000,000.

Defendant

A and C fail to pay the above fine, respectively.

Reasons

Punishment of the crime

Defendant

A is the representative director of corporation B, and Defendant B is a corporation established for the purpose of sound record planning and production, online information provision, etc. Defendant C is the representative director of corporation D, and Defendant D is a corporation established for the purpose of Internet service business, etc.

1. Defendant A and Defendant C jointly operated a G site, stored a sound source file in the said site server, and then provided a service that users who have access to the said site either PC or smartphone display room wanted to hear by selecting a PC or smartphone.

The above B entered into a contract with the Korea Music Copyright Association, an incorporated organization of musical work management, on the service of managing copyrighted works by web printing, and entered into a contract on digital audio transmission service with the Korea Music Copyright Association, an incorporated association, but web printing means "services provided by music for the purpose of enabling the public to receive online real-time and at the same time" by the definition of contract terms, and digital audio transmission means "services excluding transmission from among transmission of sound in digital form initiated at the request of the members of the public for the purpose of allowing the public to receive at the same time during public transmission" in accordance with Article 2 of the Copyright Act, and ultimately was authorized to implement only the service received by the public at the same time.

Nevertheless, between March 16, 201 and January 3, 2012, the Defendants jointly produced and distributed “G” case used in a mobile environment, such as smartphones produced by the said Co., Ltd., and stored in the server managed by the Defendants using the said website or the said application in the online and mobile environment.

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