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Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
The Defendant is the representative director of C, a corporation operating the Internet web site “B”.
On January 14, 2019, the Defendant: (a) up to January 14, 2019, (b) opened up a file of “F” of a cinematographic work in which a user of the said website uses the “D” in the said “B” website; (c) made it possible for other users of the said website to freely download the said file; and (d) did not immediately delete the said file or take technical protective measures, such as real-time monitoring, searching, painting, and DN-ciling, so that the said site users can easily get the said cinematographic work, thereby facilitating the infringement of the user’s copyright from that time to February 15, 2019; and (d) aided and abetted the said site users by distributing the said cinematographic work by means of reproduction, public transmission, and infringement of the copyright of the victim’s cinematographic work throughout 113 times in total, as shown in the attached list of crimes, from that time.
Summary of Evidence
1. Application of Acts and subordinate statutes governing filing of complaints, crime sights, certificates of fact and certificates of seal impression of the defendant's partial statement in E company;
1. Relevant Article 136 (1) 1 of the Copyright Act and Article 32 (1) of the Criminal Act concerning facts constituting an offense; the choice of punishment;
1. Articles 32(2) and 55(1)6 of the Criminal Act for aiding and abetting and mitigation;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. On January 13, 2019, the victim under Article 334(1) of the Criminal Procedure Act requested the Defendant to protect copyright of the copyrighted works for which he/she has copyright or right to use, including copyrighted works entered in the list of offenses, but against this.