2018 High Court 1097 Violation of the Copyright Act

A

Lee Jong-young (Public Prosecution) and Cho Dong-hun (Public Trial)

June 7, 2018

A defendant shall be punished by a fine of KRW 500,000. If the defendant fails to pay the fine, the defendant shall be confined in a workhouse for a period of one hundred thousand won converted into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Criminal facts

The defendant is a business owner of "B", and the complainant is "C".

The Defendant, while operating a business establishment of the building D and the second floor DB of Incheon Metropolitan City, obtained prior permission and used musical works managed by C without such due process from July 2017 to January 2018, 2018. Accordingly, the Defendant infringed upon C’s musical copyright 1) by infringing upon the copyright holder’s license.

Summary of Evidence

1. A protocol of partial police interrogation of the accused;

1. Each statement of H;

1. Application of Acts and subordinate statutes to the complaint, certificate of copyright trust management business, peremptory letter, and statement of infringement of infringed musical works;

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 136(1)1 of the Copyright Act; Selection of a fine

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Judges Kang Tae-ho

1) The indictment is written as “C’s author’s property rights,” but C, an incorporated association, upon receipt of a music copyright holder’s entrustment, shall exercise the music copyright.

Since it is apparent that the correction is made ex officio, such correction is made.