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(영문) 인천지방법원 2018.01.12 2017고정2902
저작권법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

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

Nevertheless, at around 09:37 November 10, 2014, the Defendant connected the Defendant’s house No. 101, Bupyeong-gu, Incheon, Bupyeong-gu, 101, 602, to Add'C, an Internet-sharing website (www.fiuri.com), thereby infringing on the victim’s author’s property right by transmitting and distributing the “E”, which is a work of the victim D’s literary work, to make it shared by the file processing members.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes concerning filing of a complaint, closure data of a screen, and copyright registration certificates;

1. Article 136 (1) 1 of the Copyright Act and Article 136 (1) 1 of the same Act concerning the relevant criminal facts and the selection of fines;

2. A fine of 500,000 won to be suspended;

3. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse.

4. Article 59 (1) of the Criminal Act (see, e.g., Supreme Court Decisions 201Do1119, Jan. 1, 2011>

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