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(영문) 서울남부지방법원 2020.02.11 2019고정899
저작권법위반방조
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

A stock company B (hereinafter referred to as "B") is a corporation established for the purpose of online information provision business, etc., and operates "C", which is an Internet file sharing site, and the defendant is the representative director B.

From September 27, 2018 to October 15, 2018, the Defendant had a duty to prevent copyright infringement on the copyrighted works in the Internet web site “B” operated by the B as the representative director of the B office operated by the F, etc. of Guro apartment E, Guro-gu Seoul. However, the Defendant did not take proper measures to prevent copyright infringement, such as establishment of a string program, establishment of a string program, and deletion of illegal copyrighted works by setting up the unique sea value of the copyrighted works at the request of copyright protection, etc., and detection and withdrawal of the members from the illegal copyrighted works. Rather, the Defendant did not encourage or facilitate illegal acts, such as payment of part of money paid by the members of the 2nd group to the said company, and leased the said company’s name to the representative director in preparation for the occurrence of fines or tax-related problems, so that the said 2nd group of “H, a member of the copyright company, freely, is a member of the Spain site.”

Accordingly, the Defendant aided and aided the copyright infringement of the members of the said “B” website for profit-making purposes.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of a complaint filed by G Co., Ltd. with respect to evidentiary materials and requests for copyright protection;

1. Application of Acts and subordinate statutes to criminal investigation reports, telephone conversations for reference, investigation reports, and Acts and subordinate statutes;

1. Article 136 (1) 1 of the Copyright Act, Article 136 (1) 1 of the same Act, the Criminal Act concerning criminal facts;

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