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(영문) 서울남부지방법원 2015.07.15 2015고단1451
저작권법위반방조
Text

Defendant

A shall be punished by a fine not exceeding 15 million won, and a fine not exceeding 10 million won shall be punished by Defendant B.

Defendant

A.

Reasons

Punishment of the crime

Defendant

B Co., Ltd. is a company established for the purpose of the online water content industry, etc. in Geumcheon-gu Seoul Metropolitan Government F and 213, and operates “G” (G) which is the Internet web site, and Defendant A is a representative of the above company (in-house director).

1. On January 8, 2014, Defendant A established and registered Company B at the above address, and Defendant A started G service on the Internet from February 25, 2014 with 11 staff members and 74 staff members, DNA server 7, and web server 15 computers.

The basic structure of G operated by the Defendant was set up free of charge by many unspecified members who subscribed to G in the form of computer files, such as motion pictures and TV broadcasting (hereinafter “works”), and the prescribed points are purchased by means of credit cards, handphones, and passbooks, or by depositing them into the members by a fixed amount of money, then the above copyrighted works can be freely downloaded. At each time the copyrighted works are downloaded, the points paid by the holder of the download was allocated at a certain ratio to the persons who opened the files (hereinafter “business”).

In particular, in commencing and operating G service, the Defendant commenced the said service without entering into a partnership agreement with the copyright holder of copyrighted works, and neglected to the G server for a considerable period of time without any prior deletion or deletion, even though the copyright holder was aware that the copyrighted works, etc. that the members did not obtain consent on reproduction, distribution, etc. of the copyright holder. Moreover, even if the copyright holder requests copyright protection, the Defendant neglected to take only the formal measures of the word and text search so that the members can easily withdraw the copyright protection device and have the copyrighted works download.

Furthermore, the defendant is approved as a seller at the request of the shop members.

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