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

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

Punishment of the crime

No person shall infringe upon author's property rights or other property rights protected pursuant to the Copyright Act by means of reproduction, performance, public transmission, exhibition, distribution, lending, or preparation of a derivative work, and shall circumvent technical protection measures by either intentionally or by negligence without legitimate authority for business or for profit-making purposes.

The Defendant, a copyright holder of online game “nor” (hereinafter “copyrighter”) revised and distributed some of the contents of the game program that he provided in order to provide a game service, knowing the fact that the Defendant could circumvent access to the server he wants by the Defendant rather than a regular game server operated by the copyright holder, and had the public access to the server he/she opened and let him/her use the game, and had him/her gain profits from the method of reproducing and selling the game items to the game users who access the server.

On December 9, 2013, the Defendant opened a “D” website and a game server, a private game server, at the Defendant’s house located in Pyeongtaek-si Co., Ltd. A (302), and secured approximately 40 members by March 25, 2014.

The Defendant violated the copyright holder’s right of reproduction and transmission by illegally downloading the IP parts of the game program file that the copyright holder provided by the copyright holder in order to allow its members to access the game to “D” and utilize the game without the copyright holder’s permission, and thereby infringing the copyright holder’s right of reproduction and transmission right by allowing its members to illegally download the file created by arbitrarily correcting the IP parts of the game program to “D” website, and revising the game program server access IP which the copyright holder provided free of charge on the premise of the access to the regular game server.