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(영문) 수원지방법원 2012.10.12 2012고단2974
저작권법위반방조
Text

Defendant

A Imprisonment for eight months, Defendant B shall be punished by a fine of twenty thousand won,00,000 won, and each.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

A is the representative director of B who operates C and D, which is the web hard site, and the defendant B is a corporation established on July 8, 201 for the purpose of software development, supply and lease business.

Defendant

A was aware of the fact that various data traded through the above website are digital contents, such as motion pictures not authorized to use copyright.

Nevertheless, Defendant A had members of the above site download various digital contents on the above site, and had other members pay part of the fee paid to Company B whenever other members receive digital contents.

Defendant

A provided members with storage space for a certain period of time in each of the above sites to store motion pictures, drama, motion pictures, etc., kept digital content through central servers so that other users can get 10MB’s digital content at one source, implement a business-grade rating system, and promote membership and Round in the way that the degree of 30 to 50% of the download amount is accumulated and paid to digital content business partners according to the rating.

Defendant

A knew that digital contents subject to protection of author's property rights are being distributed illegally through the above site, A did not properly endeavor to prevent illegal distribution, such as deletion of the file or establishment of a formal penalty, if requested by the copyright holder, and neglected members to trade the work subject to protection of author's property rights.

In addition, Defendant A shall classify the above site into film theaters, television, and sludge on the main screen of the above site so that users who visited the above site can find easily desired digital contents.

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