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(영문) 수원지방법원 성남지원 2013.06.21 2013고단935
저작권법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall infringe on the author's property right of a copyright holder by means of reproduction, public performance, public transmission, exhibition, distribution, lending, or secondary works without the permission of the copyright holder, nor possess for the purpose of distribution, any goods made by an act of infringing on copyright, etc. with the knowledge

Nevertheless, from February 2, 2012 to March 28, 2013, the Defendant reproduced 3,511 film, etc. (375,094,075 won at the presumption price of the authentic work) as a film work (DVD) without permission of the copyright holder, and possessed it for the purpose of distributing it, as shown in the list of crimes, such as a film, in the place of residence located in B, which is habitually or habitually, for profit-making purposes, or in the place of residence located in B, Nam-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes on seizure records;

1. Article 136 (1) 1 of the Copyright Act applicable to the relevant criminal facts and Article 136 (1) 1 of the option of punishment;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (including serious reflectivity, the absence of records of the same kind of punishment exceeding the fine, the family relationship of the accused, etc.);

1. Probation under Article 62-2 of the Criminal Act;

1. Article 139 of the Copyright Act;

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