A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a person who operates a general miscellaneous article store, such as portable radio and electric wires, in the Jongno-gu Seoul Metropolitan Government “D” trade name.

From August 2013 to November 11, 2013, the Defendant sold to many and unspecified customers, together with or around November 11, 2013, SD cards which were reproduced with 2,200 sound sources of “F,” etc. 2,200 sound sources of “F,” which are neighboring rights by the Victim’s Korea Music Industry Association, and so-called “efficacy radio” that may listen to music by inserting them into such SD cards, and possessed for the purpose of selling to many and unspecified customers, as seen above, 2,424,218 sound sources with neighboring rights.

Accordingly, the defendant habitually distributed a number of SDR cards with the sound source 2,200 which are neighboring rights to the victim to the public for profit, and possessed 1,254 cards made by infringing on the victim's property rights for profit.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning G;

1. Seizure records;

1. On-site documentary evidence, evidence materials, evidential materials, and leaflets photographs; and

1. Application of Acts and subordinate statutes to a report on investigation and field inquiry;

1. Relevant Article 136(1) of the Copyright Act; Article 136(2)4 of the Copyright Act; Article 136(2)2 of the Copyright Act; Article 124(1)2 of the same Act concerning facts constituting an offense; the selection of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following grounds for sentencing shall be taken into consideration):

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. The two types of punishment under Article 139 of the Confiscation Copyright Act [the scope of recommending punishment] infringement of copyright shall be sentenced to the basic area ( August to June) (the infringement of author's property right).