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1. The Defendants shall be punished by imprisonment with prison labor for six months.
2. However, as to the Defendants, the period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
Defendant
A is a person who operates a private server (K and L) produced for the purpose of providing the same game as that of H’s online game “I” with copyright, and Defendant B is a person who manages the above server, under the direction of Defendant A, by the foregoing J, such as modification of the program code and crowdfunding work.
The Defendants: (a) provided online game “I” in the copyright of H to many unspecified game users using the said J; and (b) displayed profits by selling arbitrarily produced game items within the said server for commission.
From June 13, 2014 to September 25, 2016, the Defendants opened the website with the saidJ from around June 13, 2016, and created and sold an “O” file that made it possible for the game users to arbitrarily alter the part of access IP from among the game program files provided by the copyright holders to “N”, which is the IP address of J, without the consent of the copyright holders, so that the game users can access the game by arbitrarily altering the “M” files provided by the copyright holders, thereby blocking access to the server and blocking access to the regular server by arbitrarily altering the service file to the saidJ address, and allowing the game users to download and install the said file. The game items were generated and sold by receiving money from the game users.
In order to circumvent the technical protection measures created by copyright holders, this would distort them.
Accordingly, the Defendants conspired to circumvent the technical protection measures established by the copyright holder for profit from June 13, 2014 to September 25, 2016. The Defendants received total amount of KRW 937,231,606 from the game users to the national bank account in the name of P in return for the voluntary production and sale of game items, and received the copyright holder’s right of reproduction and transmission.