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(영문) 대전지방법원 2014.10.21 2014고단2297
저작권법위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant was a person who joined the Internet web Habd B with “C” around October 14, 2013.

No person shall infringe upon author's property right or other property rights protected under this Act by means of reproduction, performance, public transmission, exhibition, distribution, lending, or preparation of a derivative work.

Nevertheless, the Defendant, with knowledge of the fact that if a work of another person is offered as a service in B, part of points paid when members receive a download, may be accumulated as one’s own profits, and that it may receive another video with the points or use it by converting it into another point, he, upon obtaining the approval of the seller of the web site from the above web site operator, thought to have the work of another person run.

Accordingly, from November 7, 2013 to February 24, 2014, in B, a total of 3,442 broadcasting works, such as “HDTV >”, which were copyrighted by another person from November 7, 2013 to February 24, 2014, violated the Copyright Act by habitually infringing another person’s copyright, such as “HDTV & Gt. . . 56.14023.E. .46.14023. XviDWH”, such as written in the list of crimes in the attached Form.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the result of analysis on the server B;

1. Confirmation of the details of activities A and personal information of the victim of internal investigation;

1. A list of crimes committed (the details of downloading off non-affiliated posts);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the method of each crime, frequency of crimes, and the fact that multiple types of crimes are plannedly repeated;

1. Article 136 (1) 1 of the Copyright Act concerning facts constituting an offense;

1. It is so decided as per Disposition on the grounds of Articles 70(1) and 69(2) of the Criminal Act or above;

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