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(영문) 수원지방법원 성남지원 2014.10.08 2013고정998
저작권법위반방조
Text

Defendants shall be punished by a fine of KRW 1,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

1. No defendant A shall infringe upon author's property right or other property rights protected pursuant to the Act by means of reproduction, performance, public transmission, exhibition, distribution, lease, or preparation of a derivative work;

The Defendant, a file sharing site operated by Company B, provides users with a free storage space to download the files, allowing users to download the files they wanted by means of search function utilization, etc., and in case of downloading the files, the Defendant is a person who profits by collecting user fees in proportion to the quantity of the download or in a fixed amount.

From March 15, 2012 to March 26, 2012, the above E member-member-based person, was to allow other users to download the film “safafafafafafafafab”, which is a film work of the injured party, on the above site, from March 15, 2012 to March 26, 2012. In addition, during the period from March 15, 2012 to April 22, 2012, the film work described in No. 26-1 to 25 in the table of crime list of attached crimes in attached Table 26-163 was dismissed by the prosecutor’s revocation of the public prosecution.

B by allowing unspecified users to easily copy and use each of the above film works at any time on the above site, and thereby infringing on the copyright of the copyright holder, the copyright holder.

When the above users perform the above acts, the Defendant received a request from an agent of the above copyright holder for the suspension of copyright infringement and distributed illegally a cinematographic work subject to copyright protection on the above site on February 17, 2012, and the simple technical measures such as the establishment of search rule alone cannot prevent the distribution of illegal copyrighted works properly, and in order to substantially prevent the distribution of illegal copyrighted works.

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