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

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Punishment of the crime

No person shall infringe upon authors’ property rights or other property rights protected under this Act by means of reproduction, performance, public transmission, exhibition, distribution, lending, or preparation of a derivative work.

The Defendant, through the operation of the “Cber”, thought that the online game “Seman-2”, which provides copyright to many unspecified persons without the permission of the copyright holder, through the Cerber opened by himself/herself.

Accordingly, from February 26, 2013 to February 21, 2014, the Defendant habitually operated Sur 2 private game servers in his/her own residence. From January 14, 2014 to February 21, 2014, the Defendant leased the server through the application for the software server hosting and operated the Surice 2 private game server. From January 14, 2014 to January 2014, the Defendant managed the Sur website by linking the server with E domain name.

In addition, the Defendant violated the Copyright Act by posting a notice on the bulletin board so that game users can easily access the server it opened, providing a game program, which modified server access IP, as a business of providing server access to the web website, etc. to many and unspecified persons, and by reproducing the regular server program operated by the said domain, which is operated by the said domain, and thereby infringing on the copyright holder’s right of reproduction, public transmission, etc. among the copyright, and thereby infringing on other persons’ copyright.

Summary of Evidence

1. Defendant's legal statement;

1. A preliminary investigation report on an illegal private game server (pre-survey2);

1. Requests for provision of communications data (domain owners' information);

1. Application of Acts and subordinate statutes to one copy of voluntary submission (application for admission to holding events);

1. Article 136 (1) of the Copyright Act applicable to the relevant criminal facts and Article 136 (1) of the Selection of Punishment;

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

1. The Criminal Procedure Act;