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(영문) 부산지방법원 2015.08.20 2015고단1919
저작권법위반
Text

1. Defendant A shall be punished by a fine of seven million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Defendant A, from December 1, 2013, operated the “E”, which is the Internet file sharing site, as the representative director of the B, a corporation in Busan Seo-gu, Busan, as the representative director of the B.

In order to attract members and secure digital contents in the course of operating E, the Defendant provided an unlimited storage space when members of the said web franchising contents, and, at the request of the members, approved as sellers and received franchising contents from other members, the Defendant paid 1 points per 45 won in the case of franchising contents, and 1 points per 4M in the case of non-affiliated contents, thereby enabling them to use the said points as cash by converting them into F Points. The Defendant gains by selling “point” and “fixed amount” necessary for the purchase of contents.

In addition, the Defendant received large amounts of requests for copyright protection, such as the suspension of reproduction and transmission from the Copyright Protection Center, etc., and the Defendant applied for the said Webing program, and extracted the unique DNA or visual value of the video content, which is used as a business to the said Web website, and compared it with the content of the alliance, thereby automatically distinguishing the copyrighted work, which is the content that entered into a distribution contract with the copyright holder, from the content that was “partnership” and the copyrighted work that is not so, so even though the said Web DG user, a member of the said Web World, was aware that he posted the film file “qing” without permission of the copyright holder on September 4, 2014, the Defendant neglected to take copyright protection measures, such as deletion of the above posts, in order to maintain the number of members of the site and increase corporate income, thereby allowing many unspecified members of the said Web World to download the film files.

In such a manner, the Defendant: (a) from December 1, 2013 to September 4, 2014, 34.

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