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(영문) 대전지방법원 2015.07.08 2015고정527
저작권법위반
Text

1. The defendant shall be punished by a fine of 500,000 won;

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

Reasons

Punishment of the crime

The defendant is a company member who uses "htp:/www.megaftile.co.kr" on the website "htp", which is a file sharing program, and the victim C is a copyright holder of "D's literary works," and the victim E is a copyright holder of "F."

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

A. On September 16, 2014, the Defendant infringed the victim’s author’s property right by having a literary work “F”, “F,” which is connected to “htp:/www.megaf.co.K./)” at the Defendant’s house, “Seong-gu G and 703, and is under the protection of E’s copyrighted work, connected to “htp”, without the consent of E, to obtain a download from many and unspecified persons, without the consent of E.

B. On October 2014, the Defendant infringed the victim C’s author’s property right by allowing the victim to downloaded the literary work called “D”, which was connected to “D”’s work at the above Defendant’s home, to “B” and is protected by C’s copyrighted work, without C’s consent.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Written complaints of E, copyright confirmations, business closures after closures, and a written statement;

1. Application of C’s accusation, withdrawals, written statements, and copyright registration certificates to C’s closures;

1. Relevant Article 136 (1) 1 of the Copyright Act concerning facts constituting an offense and Article 136 (1) 1 of the same Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act (the scope of sentencing) of the order of provisional payment is [the scope of sentencing] 75 million won or less (the decision of sentencing]. The confession is made in favor of the court.

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