Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

[Criminal Power] On August 19, 2013, the Defendant was sentenced to one year of imprisonment for fraud and two years of suspended execution, and the judgment became final and conclusive on the 27th of the same month.

【Criminal Facts】

The defendant of "2016 High 974" is a person who joins the Internet website (B) and uses (ID: C and D: D).

No person shall infringe on author's property right by means of reproduction, public performance, public transmission, exhibition, distribution, lending, or production of a derivative work.

Nevertheless, at around 20:53 on October 3, 2012, the Defendant displayed and distributed “E (mail number F)”, which is a cinematographic work he/she manages without obtaining permission for use from a copyright holder, at a place where he/she was unaware of the place (13:51 (2) [2] of the place (13:51) on October 5, 2012, the Defendant displayed and distributed “E (post number F)”, which is a cinematographic work he/she manages, without permission from a copyright holder.

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

『2016고정998』 피고인은 2013. 6. 22. 18:39경 인터넷 네이버 '중고나라’ 카페 게시판에 “빕스(VIPS) 이용권을 판매한다”라는 글을 게시한 후 이를 보고 연락한 피해자 G에게 “돈을 먼저 보내주면 이용권을 문자로 보내주겠다.”고 거짓말을 하였다.

그러나, 사실 피고인은 빕스(VIPS) 이용권을 가지고 있지 아니하였고, 피해자로부터 대금을 송금받더라도 피해자에게 빕스 이용권을 보내 줄 의사나 능력이 없었다.

The Defendant received 40,000 won from the victim’s virtual account (Account Number: I) in the name of H around that time.

Accordingly, the defendant acquired property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. A written statement of the complainant¡¯s agent;

1. Each complaint;

1. Previous records of judgment: Criminal records, inquiry records, case inquiry, and application of statutes governing judgment;

1. Fraud of Article 136(1)1 of the Copyright Act (the point of infringement of copyright) and Article 347(1) of the Criminal Act concerning criminal facts.