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(영문) 서울중앙지방법원 2015.04.22 2015고정1080
저작권법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

The Defendant knew that when members download the materials posted on the web hinging site, the points paid by the members of the downloading member are paid to the downloading member. The Defendant up-to-dated up films, etc. on the web hing site to use the up-to-date films, etc. to gain profits.

On November 29, 2013, the Defendant, at the Defendant’s residence located in Bupyeong-gu, Incheon, Bupyeong-gu B building 101-401, connected a web site (www.filukuk.com) to a DNA “C” and opened the file of “main business”, a film work, from that time to December 19, 2013, up to December 19, 2013, up to 1,113 video works were carried on the said file key site without the copyright owner’s permission, and distributed them to unspecified multiple subscribers. In so doing, the Defendant habitually infringed on the author’s property right by obtaining a part of the points paid from the said file key and exchanging it in cash by means of exchangeing 940,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of an investigation report (report on results of analysis of search and seizure data);

1. Investigation report (Attachment to the details of activities for cookiki in the file of a person under investigation);

1. Information on the integration of the file cubadi d'C;

1. Details of the accumulation of the “C” reserve fund in the electronic cuba cuba;

1. Application of Acts and subordinate statutes on non-affiliated works, i.e., non-affiliated works, and outputs;

1. Article 136 (1) 1 of the Copyright Act and Article 136 (1) 1 of the same Act concerning criminal facts and the selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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