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(영문) 부산지방법원 2013.12.12 2013고정4954
저작권법위반
Text

The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, violation of the Copyright Act against B and C.

Reasons

Punishment of the crime

On March 28, 2013, the Defendant, at the Defendant’s home located in Busan-gu, Busan-do, connected the file (www.fil joint and several) of the Internet-sharing website to E (N.F.com) and infringed the victim’s author’s property right by advertising the cartoon “H”, which is a work owned by G, to the said website without the victim’s permission or consent.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to the complaint filed by G and its attached documents;

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

1. A fine not exceeding 500,000 won to be suspended;

1. Articles 70 and 69 (2) (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. The rejection of prosecution under Article 59(1) of the Criminal Act (see, e.g., no history of criminal punishment and efforts to agree with victims of the prosecuted case)

1. Summary of the facts charged

A. On March 2013, the Defendant: (a) accessed the Defendant’s home located in Busan, Busan, with the ID called the Internet-sharing website file file (www.ftiledO.com) from the Defendant’s home located in Busan, the Defendant infringed the victim’s author’s property right by allowing the victim B to download “I” a copyrighted work on the said website without the victim’s permission or consent.

B. On March 28, 2013, the Defendant had access to the said site at the said site as above, and infringed the victim’s author’s property right by allowing anyone to download the victim’s property right by downloading the “J”, a work owned by the victim C, to the said site without the victim’s permission or consent.

2. Article 327 subparag. 5 of the Criminal Procedure Act (Revocation of Criminal Complaint)

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