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(영문) 의정부지방법원 2013.09.12 2013고정1539
영화및비디오물의진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Criminal facts

The Defendant is a distributor who sells illegally reproduced video products.

Anyone who intends to reproduce or distribute the video products of the same contents as the classified video products shall obtain confirmation from the Korea Media Rating Board as to whether they are the same contents as the classified video products, by keeping documents attesting that they have legitimate rights to their reproduction or distribution.

In addition, the reproduced video products or the reproduced video products shall not be sold or distributed without obtaining a confirmation certificate from the Korea Media Rating Board.

From March 8, 201 to 12:30 of the same month from March 10, 2011 to December 10, 2011, the Defendant displayed 557 copies, such as an animation DoVD, which were illegally reproduced within the range of 110 Dozers, and received 10,000 won from unspecified persons on March 8, 201, and sold 65,000 won from March 8, 201, and 60,000 won from March 9, 201.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. Article 95 of the Act on the Promotion of Motion Pictures and Video Products for Criminal Facts and Articles 95 subparagraph 6 and 53 (1) 2 of the Act on the Promotion of Specific Motion Pictures and Video Products, and Selection of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 48(1)1 of the Confiscation Criminal Act (Provided, That this does not mean that the number of VD 547 already destroyed out of subparagraph 1 of seized evidence does not exist, and thus, does not separately confiscate it (see, e.g., Supreme Court Decision 2009Do6982, Jan. 28, 2010))

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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