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(영문) 서울중앙지방법원 2009.07.21 2008고단7835
저작권법위반 등
Text

Defendant

A Imprisonment of 10 months and fines of 15,000,000 won, Defendant B’s imprisonment of 10 months and fines of 15,00,000 won, and Defendant.

Reasons

Criminal facts

1. Defendant A, Defendant B, and Defendant C, who assumed office as the representative director of the corporation C on February 21, 2007, took overall charge of all the businesses of the corporation, including the “welve business”, and operated the web hard site that was established in the above corporation from April 2007. Defendant B, who was appointed as the director of the corporation C on February 21, 2007 and was in charge of the above U-related duties, worked as the representative director of the above corporation from May 31, 2008, and Defendant C was established on February 21, 2007 and currently for the purpose of developing and selling software and digital content brokerage business.

Defendant

The Defendants A and B were well aware of the fact that various digital data traded through the so-called “welsite” are digital content, such as motion pictures not permitted to use copyright.

However, the Defendants opened a web hard site and registered some of the members as sellers, and let them run various digital content businesses. On the other hand, each time other members receive various digital content possessed by sellers, they will raise profits by dividing the fees paid by sellers at a certain ratio, and opened and operated a U site around April 2007. As of October 2008, the number of members of the above web site is about 1.3 million.

The Defendants granted the above site members the right to sell digital content through the “application for registration of sales qualification” on the website, and let them run digital data business for a certain period (45 days in the case of film, drama, motion picture, motion picture, and animation, 45 days in the case of animation). The Defendants kept digital content through a central server and stored it on the bulletin board, or have the seller run it.

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