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(영문) 인천지방법원 2013.06.11 2013고단1987
저작권법위반
Text

As to the crime No. 1, the defendant is punished by a fine of 3 million won, and a fine of 4 million won for the crime No. 2.

Reasons

Punishment of the crime

[criminal power] On September 27, 2012, the Defendant was sentenced to two years of suspension of the execution of imprisonment for violating the Copyright Act at the Incheon District Court on September 27, 2012, and the judgment became final and conclusive on October 5, 2012.

【Criminal Facts】

1. No person shall infringe on author's property right by means of reproduction, public performance, public transmission, exhibition, distribution, rental, or production of derivative works;

Nevertheless, on September 2012, the Defendant: (a) connected the Defendant’s mother-friendly “E” to the four disks (www.Nedisk.com) (www.Nedisk.com), which is the Defendant’s residence, using a computer in Seo-gu Incheon, Seo-gu, Incheon, which is the Defendant’s residence; and (b) infringed the Defendant’s right of transmission among the right of public transmission of the victim’s public transmission by advertising the victim’s right of transmission by advertising the victim’s cinematographic work with copyright.

2. No person shall infringe on author's property right by means of reproduction, public performance, public transmission, exhibition, distribution, lending, or production of derivative works;

Nevertheless, around January 17, 2013, the Defendant, using the computers of Seo-gu Incheon, Seo-gu, 1, 1509, the Defendant’s residence, connected the Internet information sharing site to the ID (www.boisk.com) in the name of the Defendant’s mother-friendly C, and infringed the Defendant’s right to transmit among the public transmission rights of the victim’s public transmission right by using the video work with copyright, “F”.

Summary of Evidence

1. Defendant's legal statement;

1. Each complaint;

1. Previouss: Defendant's legal statements, criminal records, inquiry records, the previous records, and the application of statutes of the judgment;

1. Article 136 (1) of the relevant Act concerning criminal facts, the selection of punishment, and the selection of fines for negligence;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Article 70 of the Criminal Code for the Detention of Labor House Head.

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