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(영문) 인천지방법원 2014.02.07 2013고정3737
저작권법위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

[2013 fixed37] No person shall infringe on author's property right by means of reproduction, public performance, public transmission, exhibition, distribution, lending, or second copyrighted work.

Nevertheless, around June 15, 2012, the Defendant infringed on the copyright of the copyright holder by linking the file-sharing site seal B, B, 202, the file-sharing site’s digital “C” to his/her own DNA “C,” and making the “troen” of a cinematographic work possessed by Troen Entertainment Co., Ltd., Ltd. as its copyright as its business without permission of the copyright holder.

[2013 High 3911] On December 2012, the Defendant, at the Defendant’s residence of the Seoul Nam-gu Incheon Metropolitan City D 202, connected the Internet web site to “E (www.tisk.co.k.k)” and infringed the victims’ intellectual property rights by displaying the victim’s film “themorance of wind,” which is the victim’s Dok Entertainment’s film, to a large number of unspecified persons, without the consent of the victims.

[2] From April 2012 to May 2012, the Defendant: (a) connected an Internet site file file (www.fil jointcom) to a DNA “E” in the Defendant’s name at the Defendant’s residence (www.fil jointcom) of building B, Nam-gu, Incheon; and (b) allowed the complainant to download the computer files of the cartoon “H” in which he/she has copyright to a large number of unspecified files members.

As such, the Defendant infringed on the complainant’s author’s property rights by distributing the above cartoons on the Internet, and distributing the cartoons or the computer files of movies owned by others more than six times in total as shown in the list of crimes in the attached Table.

In addition, the defendant around December 2012, at the Internet site's residence of the defendant No. D202, Nam-gu Incheon Metropolitan City (www.Dooisk.co.kr).

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