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(영문) 수원지방법원 2012.10.19 2012고단3767
저작권법위반
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From January 24, 2011 to November 24, 2011, the Defendant violated the Copyright Act is a person who has subscribed to and worked for a hop-up (www.freop.co.kr) “Wop-up” (hereinafter referred to as “pop-up) as an Internet file sharing site.

No person shall infringe on another person's author's property right by means of reproduction, public performance, public transmission, display, distribution, lending, or secondary work preparation.

From January 24, 201 to November 24, 2011, the Defendant: (a) visited the pop-up site from the said ID at his/her home located in Seocho-gu D apartment 101-dong 1106, the Defendant: (b) received a certain portion of points paid by many unspecified members, and posted 2,691 files to the “pop-up” without permission of the copyright owner; and (c) posted them at the “pop-up” site as indicated in the attached list of crimes, such as the domestic broadcasting program, 60 minutes; (d) the “SBS news tracking”; (d) the Defendant received a certain portion of points paid by a large number of unspecified members; and (d) the Defendant received a certain portion of the points from the “pop-up” to the “pop-up” site; and (e) posted them at the “30% of the total number of goods operated by the Internet,” and (e) made them available from the “pop-up” website.

Accordingly, the Defendant violated the copyright holder’s right of reproduction and public transmission, which is the author’s property right, by reproducing and transmitting broadcast programs and film works to the public without the copyright holder’s permission habitually for his own profit.

2. On March 24, 2012, the Defendant violated the Copyright Act: (a) was a person who subscribed to, and performed an activity in, i.e., a bread file (www.bbbgtile.co.kr) (hereinafter referred to as a bbbtile file), an Internet file sharing site.

No person shall infringe on another person's author's property right by means of reproduction, public performance, public transmission, display, distribution, lending, or secondary work preparation.

Nevertheless, there is a need to do so.

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