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(영문) 춘천지방법원 2015.03.26 2015고단33
저작권법위반
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 18, 2014, the Defendant was sentenced to imprisonment with prison labor for six months on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Chuncheon District Court on December 18, 2014, and the judgment became final and conclusive on December 27, 2014.

No person shall infringe upon author's property right or other property rights protected pursuant to the Copyright Act by means of reproduction, performance, public transmission, exhibition, distribution, lending, or preparation of a derivative work.

1. On October 22, 2014, the Defendant, at the Defendant’s residence, up to October 2, 2014, sent back the file format (www.fleleleuri.com) which is the file sharing site to Addi “C” and opened up the file, the victim’s D’s work, and the “G” file, the victim F’s work, to allow many and unspecified persons to download without the victim’s consent, as described in the attached list of crimes, at least eight times in total, as indicated in the victim’s list.

Accordingly, the defendant infringed the victims' property rights by publicly transmitting property rights protected under the Copyright Act.

2. On October 25, 2014, the Defendant, at the above Defendant’s residence, posted a file format (www.fleleuri.com) which is a file sharing site to Adid “C” and had been downloaded in advance, i.e., the victim H’s copyrighted work, i., “I”, “J”, and “K” files to allow multiple unspecified persons without the victim’s consent.

Accordingly, the defendant infringed the victim's property rights by publicly transmitting property rights protected by the Copyright Act.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of L, M, N,O, P, Q, R, S, D, F, and H;

1. Each complaint;

1. Previous records: Statement of the defendant, application of Acts and subordinate statutes;

1. Relevant provisions concerning facts constituting an offense;

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