Can I be punished under the copyright law victim-only offense?

Hello. This is the intellectual property attorney at Daeryun Law Firm.

The situation you mentioned is a copyright law violation, and if the publisher has filed a complaint, a police investigation will generally begin.

An important point to know first is that copyright law violation cases are victim-only offenses.

The copyright law victim-only offense refers to a crime among copyright law violation cases where investigation can only begin and punishment is possible if the victim files a complaint.

In other words, if the copyright holder does not file a complaint, punishment is not possible, and even if a complaint is filed, if the victim later withdraws the complaint, punishment becomes impossible.

Therefore, in copyright law violation cases, whether settlement is reached often determines the direction of the case.

That is, if the publisher who is the victim withdraws the complaint, the investigation procedure itself can be terminated.

To quickly conclude a copyright law victim-only offense case, settlement with the publisher is most important.

The response direction is as follows.

1. Acknowledgment of the offense and remorse: It is important to return the profits obtained through illegal sales and submit a handwritten letter of remorse and a pledge to prevent recurrence.

2. Damage recovery measures: You can return the sales amount and pay a settlement amount to the publisher in the nature of damage compensation.

3. Settlement representation: An attorney directly contacts the publisher to negotiate the conditions necessary for complaint withdrawal.

4. Investigation agency response: In police investigations, rather than hiding or denying the offense, you need a strategy that emphasizes your willingness to recover from the harm while showing a remorseful attitude.

Copyright law violation can result in up to 5 years of imprisonment or a fine of up to 50 million won even for first-time offenders.

However, in copyright law victim-only offense cases, if a settlement is reached with the victim, relatively quick case conclusion such as non-prosecution is possible.

If you currently have an important exam coming up, rather than worrying alone, we recommend quickly receiving the assistance of an intellectual property attorney to pursue settlement.