Criminal Complaint Assistance Case | Non-Referral for a Client Subject to a Complaint for Violation of the Copyright Act

The client connected to a file-sharing program using a mobile phone and then downloaded and watched about 5 items, such as dramas and films.

A week later, the client received notice that a criminal complaint for violation of the Copyright Act had been filed.

The client, who had suddenly become the subject of a complaint, asserted that the downloaded files had all been deleted after viewing and that the client had never distributed them.

Out of fear of criminal punishment, the client came to Daeryun's criminal attorney and requested assistance.

After consulting with the client, the criminal defense attorney confirmed that the file-sharing site the client used was structured so that, unless the configuration settings were separately changed, downloading a file would automatically result in an upload without the user’s knowledge.

However, the client downloaded the file solely for viewing purposes, without being aware of this technical structure.

Nevertheless, he became subject to investigation on a charge of violating the Copyright Act.

In response, the criminal defense attorney established a defense strategy emphasizing that the client had no awareness of the upload function in this case, and that, above all, the use was for simple personal viewing without any commercial purpose.

The client did not clearly recognize the nature of the website or the copyright issues with the content provided.

Only after the incident occurred did he become aware of the relevant matters and immediately delete the website.

The criminal attorney emphasized that the website had also been displayed on general portal sites, and that the structure made it difficult for an ordinary person without expertise to recognize its illegality.

The criminal attorney noted that the client had used the program only a few times out of simple curiosity and was not a continuous or habitual user.

Accordingly, the attorney submitted to the investigative authorities the log records, the program installation and deletion dates, and other materials that could objectively prove the client's actual number of uses.

The criminal attorney emphasized that, although the client did use the program, the number of downloads and uses was not large.

The above case is one in which a client who faced a criminal complaint on suspicion of violating the Copyright Act received a ‘non-referral decision’ with the systematic assistance of Daeryun.

In cases involving violation of the Copyright Act, it is common, as with this client, for a person to become implicated in an offense without being aware of it.

In such cases, securing relevant evidence and analyzing the allegations from the early stage is very important.

Law Firm Daeryun has many specialized attorneys with extensive experience in criminal cases, and it can form a tailored task force for each matter to enable a prompt and precise response.

In addition, by operating its own 🔗Evidence Investigation Center and Digital Forensics Center, the firm builds a defense based on objective evidence rather than relying on mere assertions.

If you need assistance after facing a criminal complaint, please request support at any time by booking a legal consultation with Law Firm Daeryun.