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I have been the subject of a copyright criminal complaint. Can I avoid punishment?

A few years ago, I downloaded a movie via torrent. At the time I downloaded it without much thought, but recently I received a notice that a film company had filed a copyright criminal complaint against me. They are telling me to come in for a police investigation. Is the likelihood of punishment high? I would appreciate help on whether there is any way to avoid punishment.

Answer to Related Inquiry

Author: 김국일

Hello. This is a copyright attorney at Daeryun Law LLC.

First, because a torrent is structured so that, at the same time as downloading, files are uploaded (distributed) to others, even if you claim it was merely for personal viewing, it can be regarded as involving unauthorized distribution and thus become subject to punishment.

A violation of the Copyright Act is, in principle, punishable by imprisonment for not more than five years or a fine not exceeding 50 million won.

However, the actual level of punishment varies depending on factors such as intent, habitual conduct, the volume of downloading and distribution, the scale of the harm, and whether it is a first offense.

Generally, in the case of a first offense involving mere downloading without a commercial purpose, the matter is often concluded with a suspension of indictment or a fine through measures such as having the complaint withdrawn by way of settlement, submitting a letter of apology and a petition appealing for leniency, and showing an actively remorseful attitude during the investigative agency's questioning.

A copyright infringement case is a crime not punishable against the victim's will, so if the victim has no intention to seek punishment, it is difficult to bring a public prosecution.

Therefore, if necessary, we recommend attempting an amicable settlement together with a legal response through a copyright attorney.

In addition, it is important to organize the content of your statements and your defense logic with the assistance of an attorney so that disadvantageous statements or facts are not interpreted expansively during the investigation.

If you are the subject of a copyright criminal complaint, we recommend obtaining legal advice, with the help of a copyright attorney, to conclude the case amicably and to prevent future copyright infringement.

At Daeryun Law LLC, we provide comprehensive legal support in copyright complaint cases, including representation in settlements, accompaniment during police investigations, and guidance on writing letters of apology, so if you need a consultation, please feel free to contact us at any time.