2012 Highest 4216, 6389 (Joint), 2013 Highest 236 (Joint), 1452 (Joint), 2814

(Joint) 2844 (Joint), 5231 (Joint), 5983 (Joint), 6153 (Joint), 6759 (Concurrent)

Gohap), 2014 Highest 135 (Joint)

(a) An aid in violation of the Copyright Act;

(b) Violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.

[The Act on Promotion of Use of Information and Communications Network and Information Protection, Etc., which has been partially Recognized]

in violation of the rate (helping and abetting the distribution of obscene materials)

(c) Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials);

[Violation of Act on Promotion of Information and Communications Network Utilization and Information Protection]

(Helping and abetting obscenity)

(d) Violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (helping obscene materials).

1. A. B. D. L. L. L. L. L. L. L. * (72 years old, south) and Defendant 2’s representative director

Residential Tong-gu in Suwon-si

Reference domicile Chungcheongbuk-gu District

2. A. (b) B. (c) Da. △△ LS Communications Co., Ltd.

Suwon-si

3. A. O.O. (75 years old, south) and Defendant 2’s directors

Housing Bupyeong-gu in Incheon;

Standard place of registration

4.(b) west-gu (67 years old, South) , and in the private post

Housing acceptance-si District:

Gangdong-gu Seoul Metropolitan Government

Park Jong-sung (Court Prosecution) (Court of Justice) and a decoration (Court of Justice)

Attorney O Young-young, Kim Young-young (Defendant 1, 2, and 3)

Attorney Tae-soo (for defendant 4)

April 3, 2014

Defendant Choi* A fine of KRW 20,000,000,000,000 for Defendant 1, and a fine of KRW 1,000 for Defendant 1,00

2. An administrative fine of KRW 5 million, KRW 5 million, KRW 5 million, and KRW 7 million, respectively, shall be imposed on Defendant Mari-gu, and KRW 7 million.

of this section.

Defendant 1 10,000 won each in the event that the above fine is not paid by Defendant 1*, △, △, and △△.

Defendant * The maximum period of time converted to the day *, Masan, and west shall be confined in the Nowon-gu.

To order the Defendants to pay the amount equivalent to the above fine.

Criminal History Office

Defendant * as the representative of △△ Emcom Co., Ltd., Defendant * is operating the web hard site from November 4, 201 to November 201.

1. Defendant Maximum extent;

A. The point of aiding and abetting copyright violations

The members of the site above in name are through the above site:

(1) On March 28, 2012, 200: (a) the Defendant, a victim Co., Ltd. published a film file “shot-ray” in which the Defendant had an author’s property right; and (b) the film file was up to 8,027 times in total on the said website from November 24, 201 to June 29, 201, as indicated in the list of crimes in separate CDs 1 to 15;

(2) On February 1, 2012, a total of 285 and 126 times on the above site, as shown in Appendix Nos. 16, from around that time to March 8, 2012, including that: (a) the victim BBN Entertainment had an author’s property right; and (b) the music file’s file was run by the victim BBN Entertainment, Inc.; (c) the victim’s music file was run.

(3) On June 20, 2012, 2012, the victim Gaging Korea Co., Ltd. (Y) opened a film file as well as a set-up of a set of gold files with which the victim Gaging Korea holds an author’s property right. From around June 20, 2012

Until July 2, 2012, up to July 2, 2012, 1,976 times in total on the website, as shown in Appendix 17 attached hereto:

(4) On January 13, 2013: around 05, 200: A total of 39 times on the above website, as described in the list of crimes in Appendix 18, from around that time to March 10, 2013, the victim’s Mants Group’s Mants’ film files are downloaded with an author’s property right;

(5) On September 11, 2012: around 00: A total of 153 times on the above site, as indicated in the crime list 19, 20 of the CDs attached hereto, where entertainment had an author’s property right: (a) the files of “surine” are opened, including a film with an author’s property right, and (b) the time from that time to December 28, 2012;

(6) On the date, as described in Appendix 21, 22, and 23 from around that time to June 30, 2013, a motion picture file, 'bable', a motion picture file held by N. Entertainment, Inc., with an author's property right, was opened and maintained until December 10, 2012, and the status was maintained, as shown in Appendix 21, 22, and 23, a total of 116 times on the said website, as shown in Appendix 21, 22, and 23;

Each film file, etc. subject to the protection of author's property rights, which caused many unspecified members to easily download the film files, etc. at any time, thereby infringing on the author's property rights by means of reproduction, public transmission, etc.

As to the above (2) provision, the Defendant knew that the aforementioned digital content is being illegally distributed through the above website, in collusion with Defendant 1’s office to assist its members in infringing on the author’s property right as seen above, including various digital content, which is a work subject to protection of the author’s property right, such as the film file. However, the Defendant offered 0% of the total amount of money paid to Defendant 1’s members to easily collect 20M money, such as film and drama, and then offered 20M content to the public by not allowing them to easily visit the above digital file and by not allowing them to participate in the business, and (3) by not allowing its members to easily collect the digital content, such as a film file, and by not allowing them to participate in the business to participate in public relations with other members, the Defendant offered 30% of the amount paid to the members who want to easily download the digital content as above, and (4) by not allowing them to participate in public relations with the digital file.

(b) Occupation of aiding and abetting the violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.

“A member of the website using “non-repair 76” runs a obscene video file on November 2, 2013, including the sexual intercourse between men and women, through the above website, in which he/she downloads the obscene video file of the title “ one-time and hot fluort n.e., kn. n. k. k. k. k. k. k. k. k. k. k. k. k. k., from November 2, 2013 to January 8, 2014, the above site members displayed the obscene video file via the information and communications network through the above box so that they can easily download the video file with many and unspecified members of the above file, as shown in attached CD 24,25 k.

In order to help the above site members sell or openly display obscene videos as seen above, the Defendant included obscene video files such as the above video files in various materials that were downloaded or downloaded through the above site. Accordingly, the Defendant knew that obscene video files are sold or displayed openly through the above site, but, upon which, ① up to 1-A in the same manner as described in the above paragraph 1-A, the Defendant recommended or neglected the download, and ② around August 10, 2012, up to 19 'TOP 100', posted the title of the above obscene video files in category 25 so that the site users can easily find the files, and ③ up to 10 'the number of times of display and control' to 'the above 10 'the number of times of display and control' to 'the above 10 'the number of times of display and control' is not high.

2. Defendant 1, △△ LS Communications

A. Violation of the Copyright Act

피고인의 대표자 최※※가 위 1의 가 . 항 기재 ( 별지 첨부 CD 내 범죄일람표 1 , 3 , 4 , 10 , 11 , 12 , 13 제외 ) 와 같이 , 피고인의 공동대표자 오□□이 아래 3항 기재와 같이 , 피고인의 업무에 관하여 저작재산권침해를 방조하였다 .

(b) Occupation of aiding and abetting the violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.

피고인의 대표자 최※※가 1의 나 . 항 기재와 같이 , 피고인의 업무에 관하여 음 란한 영상의 판매 및 공공연한 전시를 방조하였다 .

3. Defendant Defendant Defendant Oil-si

The above site members, through the above site, up to February 1, 2012, up to March 8, 2012, set up a film file, etc. subject to protection of each author's property right in total 285, 126 times, and infringed upon the author's property right by allowing members of an unspecified number of members to easily download the film files, etc. at any time.

The Defendant, as a joint representative of △△S Communications Co., Ltd., the Defendant, as the Defendant’s best * and publicly recruited with Defendant 1-A, and 1-A, in the same manner as indicated in the above-mentioned 1-A, aided and abetted its members for profit or habitually for the purpose of making profits.

4. Defendant 1’s book

From January 2013 to April 8, 2013, the Defendant opened an obscene video file in 837 minutes, as described in the list of crimes in the attached CD, at the center of the Defendant’s house located in the Gasi-si-si-si-si-si-si-si-si-si-si-si (hereinafter “Sari-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-Sa-si-si-si (hereinafter “Sa-si-si-si-si-si-si-si-si-si-si-si).

Summary of Evidence

[ 피고인 최※※ , ☆☆엘에스커뮤니케이션 , 오□□ ]

1. Defendants’ respective legal statements

1. Each complaint, each request for protection of copyright (suspension of infringement), each written request for protection of copyright, materials for protection of rights, and materials for works;

1. Full certificate of registered matters, copy of workplace registration certificate, and e-mail data (Sales, etc.);

1. A list of all-feags, documentary evidence, documentary evidence (list), and posted list of all-fags;

1. Screening pictures of respective documentary evidence;

1. Each internal investigation report and investigation report;

【Defendant Cheong-gu】

1. Defendant's legal statement;

1. Maximum* An interrogation protocol of suspect *

1. A report on internal investigation:

Application of Statutes

[Defendant Choi*, △△ LS Communications, △△]

1. Relevant Articles of criminal facts;

A. Defendant Choi * *

○ Violation of the Copyright Act: Article 136(1)1 of each Copyright Act, Article 32 of the Criminal Act, Article 136(1)1 of each Copyright Act,

Article 30 of the Criminal Act (Infringements on Authors' Property Rights)

The legal interests infringed upon each of the copyrighted works are different even if they are the same, and each of the copyrighted works

Supreme Court Decision 23 August 2013, 201 that an act of infringement constitutes, in principle, separate crimes.

2011Do1957 et al.

○○ obscenity: Matters concerning facilitating the use of information and communications networks and protecting information, etc., including those concerning obscene materials distribution

Article 74(1)2 of the Act, Article 44-7(1)1 of the Act, and Article 32 of the Criminal Act.

of a single and continuous criminal act for a specified period below

the same legal benefits of the damage, each of these acts shall be subject to a single comprehensive offence in total.

Supreme Court Decision 25 November 25, 2010 that the same applies to aiding and abetting crimes.

Supreme Court Decision 2010Do1588 Decided January 1, 200

B. Defendant △ LS Communications Co., Ltd.

○ Violation of Copyright Act: Article 141 of each Copyright Act, Article 136(1)1 of each Copyright Act, Article 136(1)1 of the Criminal Act

Article 32.

○○ obscenity: Matters concerning facilitating the use of information and communications networks and protecting information, etc., including those concerning obscene materials distribution

Articles 75, 74(1)2, 44-7(1)1 of the Criminal Act, Article 32 of the Criminal Act

C. Defendant Defendant Ohsan

Article 136(1)1 of each Copyright Act, Articles 32 and 30 of the Criminal Act

1. Selection of penalty;

Selection of each fine

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

1. Detention in a workhouse (Defendant Lest*, Masan)

Articles 70 and 69(2) of the Criminal Code

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

【Defendant Cheong-gu】

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

inclusive, Article 74(1)2 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.;

Article 44-7(1)1 (Selection of Fines)

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

It is so decided as per Disposition for the above reasons.

Judges Dokop