Deals & Cases

Violation of the Copyright Act
Violation of the Copyright ActNon-referral (police)

Copyright Act Violation Defense Case | Non-Referral of a Copyright Act Violation Case Involving Illegal Torrent Downloading

The client who came to Daeryun regarding a Copyright Act violation was facing a police investigation over illegal torrent downloading, and with the assistance of a Daeryun entertainment attorney, the client received a non-referral decision.

1. The Client Who Came to Daeryun Regarding a Copyright Act Violation

Copyright Act violation - non-referral

The client who came to Daeryun regarding a Copyright Act violation was facing a police investigation over illegal torrent downloading and wished to defend against the matter with the assistance of an attorney of the Daeryun Entertainment Group.

The Circumstances of the Case

The client who came to Daeryun regarding a copyright violation was facing a police investigation.

A few years earlier, the client had downloaded and watched a film from a torrent site.

Because it was an old matter, the client had forgotten about it, and then suddenly received a request to appear from the police.

Having merely downloaded and watched a film through a torrent, the client was greatly bewildered to face an allegation of a Copyright Act violation.

The client therefore wished to obtain the assistance of an attorney of the Daeryun Entertainment Group with substantial experience in copyright matters.

Level of Punishment

Level of Punishment for a Copyright Act Violation

▶ Where author's property rights or other rights are infringed

Imprisonment for up to five years or a fine of up to 50 million won

▶ Where an author's moral rights are infringed so as to damage the author's reputation, or a false registration is made

Imprisonment for up to three years or a fine of up to 30 million won

2. Assistance to Defend the Copyright Act Violation Case

For the client who came to Daeryun regarding a Copyright Act violation, an attorney of the Daeryun Entertainment Group formed a working team to defend the case and assisted with the overall proceedings.

Argument That the Act Was Inadvertent

To defend the Copyright Act violation case, Daeryun conducted ongoing consultations with the client.

The client had been recommended a torrent by an acquaintance who said that films could be downloaded at no cost.

Not knowing at the time that it was unlawful, the client downloaded a film he had been looking forward to.

The client had no idea that the film had been uploaded by an automatic sharing system.

Daeryun therefore argued that the client had been entirely unaware that downloading films via torrent constituted a Copyright Act violation, and submitted that the act lacked intent.

3. The Copyright Act Violation Case Concluded With a Non-Referral

For the client who came to Daeryun regarding a Copyright Act violation, attorneys of the Daeryun Entertainment Group formed a working team and defended the case, and as a result, the case was concluded with a non-referral.

Successful Defense Against the Allegation, Non-Referral Decision

The client who came to Daeryun regarding a Copyright Act violation appeared very anxious ahead of a police investigation, the first in his life.

To defend the Copyright Act violation case, Daeryun formed a task force of attorneys from the Entertainment Group to assist the client.

As a result, the defense was successful, and a non-referral decision was obtained.

The client was satisfied with the outcome and conveyed thanks to the attorney in charge.

If you face a situation requiring a defense against a Copyright Act violation, as in the case above, you may request the assistance of an attorney at Daeryun.

저작권법위반 방어사례 | 토렌트 불법다운 저작법권위반 사건 불송치

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.

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