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(영문) 대전지방법원 2016.09.23 2015고단2306
저작권법위반방조
Text

Defendants shall be punished by a fine of five million won.

Defendant

A and Defendant C do not pay the above fine.

Reasons

Punishment of the crime

1. Defendant A and Defendant C are the representative director of Company B established for the purpose of selling and leasing peripheral devices related to information communications devices, and Defendant C is the individual entrepreneur who sells information communications devices, etc.

G (G; hereinafter “instant apparatus”) which is a kind of digital set (Stop box) is a device that connects TV to the Internet with HDMI cable, and is capable of free viewing of broadcast programs, such as art, entertainment, current events, and documentary, of Korea, by means of real-time string or main video (VOD), without limitation of time and place, at the time of installation and implementation of the instant apparatus.

Defendant

A, on October 23, 2012, from around March 20, 2014 to March 20, 2014, at the office of the Defendant, operated by the Daejeon Sung-gu, Daejeon, without taking appropriate measures to prevent infringement despite being aware of the fact that the broadcast program provided through the instant devices infringes on the copyright holder’s rights, A advertised many and unspecified persons using the Internet homepage (J) as “Ga to be considered as real-time broadcast free of charge anywhere in the world,” and sold the instant devices equivalent to KRW 940,00 for each of the instant devices imported from K, a manufacturer in China, at KRW 180,000 to KRW 260,000 per unit.

Defendant

C From October 15, 2013 to June 13, 2014, at the “M office” office operated by the Defendant located in Daejeon Jung-gu L building 712, Daejeon-gu, Daejeon-gu, via the Internet homepage (M) in the same manner as the above A advertised many unspecified people using the Internet homepage (M). The instant equipment purchased from the wholesale merchants N in the above A or China is equivalent to 50.

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