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Reasons
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(영문) 서울중앙지방법원 2018.04.11 2017고정1945
저작권법위반
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Defendants shall be punished by a fine of two million won.

Defendant

B If the above fine is not paid, KRW 100,000.

Reasons

Criminal facts

Defendant

A Co., Ltd. is a corporation that operates D'D' (E) in Gangnam-gu Seoul building, and Defendant B is the representative director of the above Defendant A.

1. On July 3, 2015, Defendant B was notified that “G” as “D” which was reproduced by the copyright holder F, “G” without the said copyright holder’s permission, was distributed via the said website to many and unspecified members and infringed upon the said copyright holder’s rights.

Nevertheless, the Defendant continued to distribute the “D” teaching materials of “D” reproduced from the above date to September 2016 as above to an unspecified number of its members for a fee, thereby infringing the copyright holder’s property right for profit by continuously distributing them as teaching materials of Internet video lectures.

2. Defendant A, at the same time, and at the same place as in the preceding paragraph, Defendant A, a representative B, as in the Defendant’s business, continuously distributed the original author’s crops of this case, which the original author had an author’s property right, thereby infringing on the author’s property right.

Summary of Evidence

1. Part of the Defendants’ legal statements

1. Each legal statement of the witness H and I;

1. Statement made by the witness J in the fourth public trial protocol;

1. The protocol concerning the interrogation of the suspect to the prosecution against the defendant B, and the protocol concerning the H;

1. A written accusation;

1. Certification of the content of No. 11 D 20150421, No. 12, No. 12, and verification of the content of No. 4203, No. 20150703;

1. A written contract for the lectures for development of content, a lecture plan (J), the defendant company's Internet website;

1. Application of Acts and subordinate statutes to the persons who have knowledge of the lectures that are sold with each original literary work referred to in any of subparagraphs 3-1 through 2 of the evidence, each lecture referred to in any of subparagraphs 4-1 through 2 of the evidence, and any lecture referred to in any of subparagraphs 5-1 through 2 of the evidence;

1. Article 141 of the Copyright Act and Article 136 (1) 1 of the same Act: Defendant B; Article 136 (1) 1 of the Copyright Act; Article 136 (1) 1 of the same Act; Article 136 (1) 1 of the same Act; and Article 136 (1) 1 of the same Act.

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