Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Reasons
Punishment of the crime
On January 23, 2015, the Defendant received a summary order of KRW 1 million as an offense of violating the Copyright Act from the Daegu District Court.
No person shall infringe on any property right or other property rights protected under the Copyright Act by means of reproduction, public performance, public transmission, exhibition, distribution, lending, or preparation of a derivative work.
On March 27, 2013, around 11:24, the Defendant stated in the written indictment of Big File (www.vegais.co.com) which is an Internet file sharing program using a computer at the Defendant’s home located in Daegu Seo-gu, Daegu-gu, as “W.vegais.co.com,” but this is a clerical error in the “bigl.co.k.com.com.”
By December 6, 2013, as shown in the list of crimes in attached Table 201, many and unspecified persons could download a film work using a total of 6563 times as a type of cinematographic work, as shown in the list of crimes, as connected to Adiene C, the victim was illegally downloaded the film work, which is a film work in which the copyright is held. As a result, the points were accumulated and exchanged in cash, thereby gaining profits equivalent to KRW 9,700,000 during the said period.
Accordingly, the defendant habitually infringed the transmission right of the victims of the non-contentious disaster among the public transmission right for profit.
Summary of Evidence
1. Statement of the suspect interrogation protocol of the accused by the prosecution;
1. On the screen of a big file, each description on the closure of the suspected screen, personal information and points, details of cash exchange by points, investigation report (faging on the evidential data screen), and written complaint;
1. Previous convictions indicated in the judgment: A criminal investigation report (in the indictment attached to the suspect-related case), and an inquiry into criminal records;
1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of the crime, the number of crimes, the frequency of crimes, and the fact that the same kind of crimes are repeated over a considerable period;
1. Article 136 (1) 1 of the Copyright Act (the choice of imprisonment with prison labor) shall apply to the pertinent provision of criminal facts and the choice of punishment;