Defendants A shall be punished by a fine of KRW 3 million, and Defendant B shall be punished by a fine of KRW 1.5 million.

Defendant

A above.

Punishment of the crime

"2013, 674"

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

The Defendant, a file sharing site operated by Company B, provides users with a free storage space via the E site so that they can download the files, allowing users to download the files they want by means of search function utilization, etc., and allowing users to download the files, while gaining profits by collecting user fees in proportion to the quantity of the download in the case of downloading the files.

Around March 13, 2012, a person who was not entitled to name (ID:F) committed an act of infringing on the copyright of the victim, such as the right holder, by reproducing and transmitting each of the above film works at any time by making it possible for users to download it on the above site. From around that time to March 26, 2012, an act of infringing on the copyright of the victim, who is the copyright holder, by making it possible for unspecified users to easily reproduce and transmit and use them at any time by means of reproduction and public transmission.

In performing the above acts, the Defendant, upon receiving a request from the said copyright owner’s agent for the suspension of copyright infringement, knew of the fact that the video works subject to copyright protection are being distributed illegally on the said website, and the simple technical measures such as the establishment of search rules alone cannot prevent the distribution of illegal works properly, and even though it is well aware of the fact that a complementary measure such as DNA video downloading, etc. is necessary to effectively prevent illegal distribution.