Defendant shall be punished by a fine of KRW 4,000,000.

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

Punishment of the crime

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

Nevertheless, for profit-making purposes, the Defendant: (a) had been able to operate the private server of the “Dakn” online game, which is a computer program work created by the U.S. Socn Entertainment, which is an author’s property right; (b) had been used from early February 2016 to May 201; and (c) had a private game server, which was arbitrarily opened by the victim company, rather than the above “Daknn” regular game server, which was provided by the victim company through a box who referred himself to “C” at his own residence, from early February 2016 to May 20 of the same year; and (d) had an unspecified number of people access the said Defendant’s computer to a private game server, which is located on the said Defendant’s computer using the connection program.

Accordingly, the Defendant’s copyrighted works infringed on the right to property by transmitting online games “Dann” to the public.

Summary of Evidence

1. Statement by the defendant in court;

1. Each investigation report (IP investigation results, search verification and response, confirmation as to whether a suspect is specific, hearing of suspect statements by telephone);

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 136 (1) 1 of the Copyright Act and Article 136 (1) 1 of the same Act concerning the relevant criminal facts and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Consideration of the fact that one million won has been deposited for the victim company in the appellate court for the reason of sentencing Article 334(1) of the Criminal Procedure Act in the order of provisional payment;