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(영문) 대구지방법원 2014.03.26 2014고정43
저작권법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates B, a website that shares a work using a siren program.

No person shall infringe upon author's property rights or other property rights protected pursuant to this Act by means of reproduction, performance, public transmission, exhibition, distribution, lending, or preparation of a derivative work.

Nevertheless, on February 8, 2013, the Defendant accepted the above B site from C and posted a clocking program (a program that searches a click file on the Internet company without permission and posts it automatically on a certain site) to download works on the bulletin board of the above site so that many unspecified members can freely download multiple copyrighted works.

Accordingly, the defendant, at the defendant's house located in Da and 201, had a total of 95,51 downloads as shown in the attached list of crimes, such as "public officials of Grade 7 who work for many unspecified members of the above site", as shown in 95,51 in the attached list of crimes, from February 8, 2013 to February 25, 2013 on which the above site was taken over using a computer.

Accordingly, the defendant habitually infringed the copyright of copyright holder.

Summary of Evidence

1. Defendant's legal statement;

1. On-site data2: Application of Acts and subordinate statutes to the details of each co-owned information file downloaded in each co-owned information file, including 100 to the closure of a screen of each copyrighted work, the closure of a screen and the closure of a screen, the business of operating each co-owned information file, and the detailed details of each co-owned information file downloaded;

1. Article 136 (1) 1 of the Copyright Act and Article 140 subparagraph 1 of the same Act concerning facts constituting an offense, the selection of a fine, or the selection of a fine;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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