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(영문) 창원지방법원 2014.02.07 2013고단3811
저작권법위반등
Text

A defendant shall be punished by imprisonment for one year.

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

The defendant is a person who has no certain occupation as an illegal stayer of Chinese nationality.

1. No foreigner who violates the Immigration Control Act shall sojourn beyond the scope of his/her sojourn status or sojourn period;

Nevertheless, the Defendant, who entered the industrial trainee on April 2, 2001, should leave the workplace on June 2, 2004, and illegally stayed from June 3, 2004 to December 3, 201.

2. Violation of the Resident Registration Act.

A. On February 23, 2009, around 23:48, the Defendant used another person’s resident registration number by using the name and resident registration number entered in the resident registration certificate in the name of Chang-si Non-si, Chang-si, public telephone boxes, as a member, to the web site called “on disc” at the PC near the Dong-si, Scheon-si.

B. On October 6, 2010, around 23:59, the Defendant used the name and resident registration number of another person in order to enter the web site called “Cata” in the manner of the above paragraph (a) at the F Office of 157 of the first floor underground of the E upper apartment, Jinju-si, to unlawfully use another person’s resident registration number by using the name and resident registration number of the aforementioned D.

C. On August 26, 2012, around 21:11, the Defendant used the above D’s name and resident registration number to unlawfully use another person’s resident registration number in order to become a member of the web site called “data reading” in the same manner at the above F’s office.

As a result, the Defendant unlawfully used D’s resident registration numbers for the purpose of joining the Internet web site “On-site, documentary, and file reading,” etc. in a total of three times.

3. No person who violates the Copyright Act shall reproduce, perform, broadcast, exhibit, transmit or distribute any property right protected under the Copyright Act, such as author's property right;

Nevertheless, the Defendant’s intent to obtain points that are commonly used in cash on the Internet web site, around September 26, 2013, is around 20:5.

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