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(영문) 수원지방법원 성남지원 2021.03.30 2020고정993
저작권법위반
Text

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

Defendant

A is an actual user who sells content by filing an application for registration of a seller with the “C” from the Internet web website B.

On November 18, 2018, the Defendant connected the EPC room located in Gwangju-si, Gwangju-si to “C” at the same site, and opened the film files of the film “G” in the victim F Co., Ltd.’s copyright to be used by the victim F Co., Ltd. without permission so that an unspecified number of people can download it.

Accordingly, the defendant infringed the victim's property right.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement statement, accusation statement, investigation report, address B, screen page, seller's presentation information reply, and response to details of financial account transactions;

1. Article 136 (1) 1 of the Copyright Act applicable to the relevant criminal facts and Article 136 (1) 1 of the Act on the Selection of Punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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