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(영문) 광주지방법원 2018.08.08 2018고정491
저작권법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

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

1. Nevertheless, around February 2, 2017, the Defendant sent the Internet file in the Defendant’s residence located in Gwangju Northern-gu, Gwangju Northern-gu, with his mother’s name and date of birth, and posted the victim E’s literary work “F” as an unlawful business.

Accordingly, the Defendant distributed the above copyrighted works to many unspecified persons so that they could download them, thereby infringing on the copyright of the said victims.

2. On February 8, 2017, the Defendant continued to join the same site as “G” at the same place, and posted the victim H’s literary work, “I” as an unlawful business.

Accordingly, the Defendant distributed the above copyrighted works to many unspecified persons so that they could download them, thereby infringing on the copyright of the said victims.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Each statement of E and H;

1. Each complaint;

1. Application of Acts and subordinate statutes evidencing evidence of copyright holders;

1. Article 136 (1) 1 of the Copyright Act concerning facts constituting an offense;

1. Selection of each alternative fine for punishment;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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