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(영문) 서울중앙지방법원 2020.04.20 2020고단69
저작권법위반방조
Text

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

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

Reasons

Punishment of the crime

No person shall infringe author's property right or other property rights protected pursuant to this Act by means of reproduction, performance, public transmission, exhibition, distribution, lending, or production of derivative works.

B, without the consent of a copyright holder, upcoming the same video files in a P2P manner that downloads the film, terrestrial, and cable TV broadcast, etc. to the Internet site operated by himself/herself, which can be shared by a yellow file that can be downloaded among the users by a yellow program, and by posting a variety of advertising distributions on the above website, thereby allowing a large number of unspecified site users to read the advertising distributions published, thereby allowing them to gain advertising profits. From March 2017, B operated the “C” illegal earth site.

On November 2017, the Defendant: (a) came to know of the foregoing illegal Saturdays site B while using the Internet site D; (b) sent contact to B and Kakakakaox; (c) sent a notice on another illegal lenses site to B’s “C” site; and (d) asked the so-called “phishing,” which moved the notice on the other illegal lenses site to B’s “C”; and (c) aided the operation of B’s illegal lenses site in response thereto.

B From March 2017 to November 2018, at an insane (hereinafter referred to as “C”) bulletin board of the “C” site (E, F, G, H, I, J, K, L, etc.), up to 300: (a) posted a yellow file on the video files; and (b) operated an illegal yellow site by inserting multiple advertising lots on the website; and (c) allowed many unspecified site users to illegally reproduce 241 video files, as described in the attached Table of Crimes List; and (d) the Defendant infringed the copyright holders’ right to reproduction and public transmission for profit or habitually from November 2017 to November 201, 2018; and (e) B infringed the copyright holders’ right to reproduction and public transmission for profit-making purposes or habitually.

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