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

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

Criminal facts

The Defendant operates a mutual hospital called “C Council member” in Gangnam-gu Seoul, Seoul, and his spouse D operates a mutual hospital called “F Council member” in Gangnam-gu Seoul.

On May 2018, the Defendant, at the office of the “C Council member”, posted the victim’s photograph on the website of the said “C Council member,” and published it to the J and K, an employee of the said Council member, who is an employee of the said Council member, using the computer, in order to use the images of the victim G, who is placed at the center of the Internet, and finds out the images of the victim G, who is placed at 10 copies of the c Council member’s photo, to promote cosmetic treatment, such as putting the victim’s image pictures into the center of his/her photograph in order to use them for promotion of cosmetic treatment, such as seeing the victim’s image pictures, and inserting such phrases as “H,” which refer to the hospital by using the computer.

Accordingly, the defendant infringed the victim's right of reproduction, right of production of derivative works, and right of transmission for profit.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the suspect interrogation protocol of the defendant by the prosecution;

1. Each police statement made to L/I;

1. The defense counsel's assertion of the video of a derivative work (H site), the image of a derivative work (I), the image of a derivative work (I's K account), the plan for the production of the image, and the MP image counsel. The defense counsel asserts that the defendant's photograph of the instant image used by the defendant is merely a simple collection of the part of the multiple women's entrance, and thus does not constitute a photographic work because it has no creativity to the extent that it can be protected by copyright. However, according to the evidence duly adopted and examined by the court, the photograph of the instant image is aimed at advertising and publicizing the result of the cosmetic surgery of "M", the victim is another cosmetic hospital.