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(영문) 광주지방법원 2017.10.19 2017고단2440
저작권법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

No person shall transmit devices, products, or parts designed, produced, remodeled, or functionally performed for the main purpose of enabling or facilitating the infringement of author's property rights by means of reproduction, performance, public transmission, exhibition, distribution, rental, or preparation of derivative works, or of nullifying technological protection measures without legitimate title.

From April 23, 2016 to November 15, 2016, the Defendant exchanged 1,649,860 points accumulated from the Defendant’s house to the Defendant’s web htp (htp:/www. Sarebox.co. Ltd.) on the website, along with the black files necessary to install illegal reproduction of the WINDOW XP program with copyright, and displayed them to enable many unspecified persons to download, as described in the list of crimes in the attached Table, to make it possible for the Defendant to use the 1,649,860 points accumulated from the Defendant’s house to exchange the 173 copyrighted works so that many members are downloadd (the 1,669,860 points of the public corporation’s office’s point 1,469,860 won, 869, 1609, 1609). The Defendant, thereby, designed the technical protection measures to disarm its property rights for profit-making purposes.

Summary of Evidence

1. Statement by the defendant in court;

1. A preliminary investigation report;

1. A report on investigation (the details of deposits);

1. Application of Acts and subordinate statutes to investigative reports;

1. Article 136 (1) 1 (the point of infringement of copyright for the purpose of this Decree), Article 136 (2) 3-3, and Article 104-2 (2) of the Copyright Act (the point of nullifying technical protection measures for the purpose of this Decree), the choice of imprisonment for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Article 62(1) of the Criminal Act - The defendant has been subject to a disposition of suspending indictment for the same kind of crime, but the copyright infringement period exceeds six months.

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