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(영문) 서울중앙지방법원 2013.05.28 2012고정5428
저작권법위반방조
Text

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

Defendant

A fails to pay the above fine; 50.

Reasons

Punishment of the crime

Defendant

A is a company that operates the Internet file sharing site called "D" as the representative director of Defendant B, which was established on January 28, 2010, and around September 1, 2010.

1. No defendant A shall infringe upon author's property rights or other property rights protected pursuant to the Act by means of reproduction, performance, public transmission, exhibition, distribution, lease, or preparation of secondary copyright;

Defendant

A provides users with a free storage space via “D”, a file sharing site operated by B, so that they can download files, and users can download the files they want by means of search function utilization, etc. On the other hand, each file is downloaded, and profits have been generated by dividing the fees paid to the above site operation company by a certain proportion from the business operator and a certain proportion.

On October 31, 2010, 2010, the term “E” engaged in an act that infringes on the copyright of the damaged company, a copyright holder, by making it possible for unspecified users to easily reproduce and transmit the above film work, which is a cinematographic work in which the victim’s scoo, is a copyright, and allowing users to download the scoo on the above site, as shown in the attached crime list, 492 times in total from October 31, 201 to July 3, 2011.

However, even though the defendant knew that digital contents subject to protection of author's property rights are distributed illegally through the above site, he deletes the relevant file only when the copyright holder requests it, or makes a formal notice on the bulletin board of the site.

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