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(영문) 광주지방법원 2015.04.29 2014고정2175
저작권법위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant knew that when members download the materials posted on the web hinging site, the points paid by the members of the downloading member are paid to the downloading member. The Defendant up-to-dated up films, etc. on the web hing site to use the up-to-date films, etc. to gain profits.

On November 4, 2013, the Defendant: (a) connected a computer to a web site (www.ftilukuk.com) “D”; (b) opened a file of “09 Dozasmaster - Scmitt.avi”, a film work, using a computer in the Defendant’s residence located in Gwangju Mine-gu, Gwangju, 407dong 1105; and (c) distributed 8,470 cinematographic works to many unspecified multiple subscribers without the copyright holder’s permission; and (d) collected part of the points paid by the Dazckuku.com; and (e) exchanged 400 won for profit-making purposes of exchangeing 4,200 won in cash by receiving part of the points paid by the Dacckn from the above file; and (e) from February 18, 2014, the Defendant infringed on the author’s property right.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Report on investigation (report on results of analysis of search and seizure data, and 108 pages of investigation records);

1. Storage CDs as a result of analysis conducted by TPP 50 persons in the file cub cub lock;

1. Application of Acts and subordinate statutes to a report on investigation (the attachment of details of activities to cub up the file of a person under internal investigation and 175 pages of investigation records);

1. Relevant Article 136 (1) 1 of the Copyright Act and Article 136 (1) 1 of the same Act concerning the selection of criminal facts;

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

1. It is so decided as per Disposition on the grounds of Articles 70(1) and 69(2) of the Criminal Act or above;

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