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(영문) 서울남부지방법원 2020.02.04 2019고정502
저작권법위반방조
Text

Defendant shall be punished by a fine of seven million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

[Attachment Fact] A Co., Ltd. (hereinafter “B”) is a corporation established for the purpose of online information provision business, etc., and operates “C(D)”, which is an Internet file sharing site, and the defendant is the representative director B.

[2019 fixed-term 502] The Defendant knew that various materials traded by members via the C website were contents that were not permitted to use copyright, but allowed many and unspecified members to download various contents on the said website. On the other hand, the Defendant decided to raise profits by paying the said fees to the B whenever other members get such materials, and to lend the name of the representative in preparation for the occurrence of a fine or tax-related problem.

The Defendant, on the website operated by E, etc., had the sales of the copyrighted works, such as “H,” etc. owned by F and G, in total 1,820 times from January 20, 2018 to March 21, 2018, as shown in the List of Crimes (1), the Defendant: (a) had the sales of the copyrighted works, etc. owned by F and G, Inc., a total of 157 times in total from March 15, 2018 to May 9, 2018; and (b) had many unspecified general members pay and download the said copyrighted works, and (c) had them delete or prevent unlawful distribution of the copyrighted works, and neglected to lend the copyrighted works, and (d) had them to prepare for a fine or tax-related issues, as described in the List of Crimes (2).

Accordingly, the Defendant aided and aided by facilitating copyright infringement by the members of the above “C” website for profit-making purposes.

[2019 fixed503] The defendant is a defendant via C site.

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