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(영문) 울산지방법원 2013.12.27 2013고정1259
저작권법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

For the purpose of accumulating points, the Defendant was a member of the Internet Sharing Site (www.fil joint and several) as ADB, and ADN as C, for the purpose of accumulating points. A.

On January 2013, 2013, the lower court committed an act of infringing the right of reproduction and transmission of a author’s property right by placing D’s author’s property right on the file bulletin board without the author’s consent, using a computer in his/her residence.

B. At the same time and place as referred to in the preceding paragraph, E engaged in the act of infringing the right of reproduction and transmission of a author’s property right by placing “the 21st century hemp” on the file bulletin board without the author’s consent so that an unspecified member can download without permission.

C. On February 13, 2013, at around 20:00, F, using a computer located in his/her residence, engaged in the act of infringing the right of reproduction and transmission of a author’s property right by downloading “Melel”, which is owned by F, without the consent of the author in the electronic book bulletin board of the file file format so that unspecified members can download without permission of the author.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each statute on filing of a complaint;

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

1. Articles 70 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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