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(영문) 인천지방법원 부천지원 2019.05.10 2019고단137
저작권법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who works as C at the file sharing site B.

In spite of the fact that anyone does not infringe upon author’s property right and other property rights protected under the Copyright Act by means of reproduction, performance, public transmission, exhibition, distribution, lending, and the preparation of derivative copyrighted works, the Defendant infringed on the victim’s property right by using a computer from June 22, 2018 to July 10, 2018 from around July 22, 2018, the Defendant, using the said clinic to B via the said computer, and distributing “G”, “H”, “I”, “J”, and “K” to enable an unspecified number of users to download.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint;

1. Application of Acts and subordinate statutes to investigation reports (specific suspects);

1. Article 136 (1) 1 of the Copyright Act and Article 136 (1) 1 of the same Act and the selection of fines for crimes;

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

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

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

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