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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Basic Facts] On June 2016, the Defendant purchased a program to circumvent the online game “B” from a deceased person’s name in early 2016, which was provided and operated by C, a copyright holder, to a server desired by the Defendant (such as a “private server” or “frier”), rather than a regular game server operated by C, and opened a private server. In order to enable unspecified persons to access the server and use the game, and to enable them to gain profits by reproducing and selling the game items to the game users who access the server. From June 27, 2016 to July 27, 2016, the Defendant acquired profits of KRW 31,179,000 in total by selling the game items and game money, etc. reproduced by opening and operating the private server and website of the name “D” from around June 27, 2016 to July 27, 2016.
【Criminal Facts】
1. On August 3, 2016, the Defendant violated the Copyright Act: (a) was suspected of running “D” as seen above and was subject to investigation by the Gyeonggi-nam Provincial Police Agency; and (b) repeated opening and closing of “D”; (c) was able to open a new private server and operate it along with “D”.
On December 16, 2016, the Defendant purchased a program to circumvent access to the servers of “B” online game owned by C, a company, from a person who was unaware of the name, and opened a private server and website of “E” in the name of “E”. From around that time to April 16, 2017, the Defendant provided game users connected to the said private server with “B” to enable them to play a “B” game, and infringed the copyright holder’s right of reproduction and transmission for profit-making purposes, such as raising the total amount of KRW 5,980,000 by reproducing and selling the game items and game money of the regular server.
2. The Defendant in violation of the Act on the Regulation and Punishment of Criminal Proceeds Concealment (hereinafter “D”) lies in the name of “D” from June 27, 2016 to July 27, 2016.