Changwon attorney | defends client charged with a violation of the Copyright Act and successfully avoids imprisonment

2024.10.04김국일

The Changwon attorney defended a client who came to Daeryun's Changwon office facing the risk of imprisonment for a violation of the Copyright Act. This is a case in which, with the Changwon attorney's assistance, the client successfully avoided a sentence of imprisonment.

1. Changwon attorney | the client's circumstances

The Changwon attorney's client faced the risk of imprisonment for a violation of the Copyright Act, and the client's circumstances were as follows.

The client operated an online lecture website, and while preparing mock-exam questions, the Changwon attorney's client quoted several questions from the mock exam of another website.

He distributed the mock-exam papers to the online lecture students without authorization and without the author's consent, and the copyright holder consequently filed a criminal complaint against the client for a violation of the Copyright Act on the ground that he had infringed intellectual property rights.

2. Changwon attorney | what intellectual property rights are

What are the intellectual property rights that the Changwon attorney's client infringed?

Intellectual property rights is a collective term for patent rights, utility model rights, and design rights, and they refer to rights over intellectual property.

Intellectual property, like the course materials in this case, is intangible, such as knowledge created or discovered through human experience and activity, and is something whose property value can be realized.

Changwon attorney | statutes applicable to the client

Copyright Act, Article 136 (Penalty Provisions) ① Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than 5 years or by a fine not exceeding 50 million won, or both may be imposed concurrently.
1. A person who infringes the author's property rights or any other proprietary rights protected under this Act (excluding the rights under Article 93) by means of reproduction, public performance, public transmission, exhibition, distribution, rental, or preparation of a derivative work

Article 136 of the Copyright Act applied to the Changwon attorney's client, creating a risk of imprisonment for not more than 5 years or a fine not exceeding 50 million won.

3. Changwon attorney | the client's defense

The Changwon attorney defended the client who had violated the 🔗Copyright Act as follows, in order to help him escape the risk of imprisonment.

Changwon attorney | the client acknowledges all of the charges and deeply reflects

The Changwon attorney's client has been taking time to deeply reflect on his offense and has spent time in repentance.

The client acknowledges all of the criminal acts and is atoning for them.

Changwon attorney | the client has no criminal record

The Changwon attorney's client has no prior convictions, whether for the same type of offense or a different type.

It was requested that the fact that the client is a first-time offender with no record of criminal punishment be taken into account as a sentencing ground.

Changwon attorney | the client poses no risk of reoffending

Through the investigation and the criminal trial proceedings concerning the charges in this case, the Changwon attorney's client came to realize that his conduct was unlawful and had caused harm to the victim.

In addition, because he came to understand that copyright infringement is a serious offense, the client can be regarded as unlikely to violate the Copyright Act again, and there is therefore no risk of the client reoffending.

Changwon attorney | the client reached a settlement with the victim, who does not wish the client to be punished

The Changwon attorney's client sincerely apologized to the victim for his conduct, and the victim, upon receiving a settlement payment from the client, stated that a settlement had been reached and at the same time expressed the intention not to have the client punished.

Changwon attorney | the client deleted the infringing portion as soon as he learned it was unlawful

As soon as the Changwon attorney's client learned that his conduct was unlawful, he deleted the infringing portion from the mock-exam workbook.

It was requested that a lenient judgment be rendered in light of the fact that he promptly deleted the portion that infringed the intellectual property rights.

4. Changwon attorney | the client's judgment

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With the Changwon attorney's assistance, the client was able to escape the risk of imprisonment.

Having heard the Changwon attorney's defense, the court imposed a suspended sentence on the client,

A violation of the Copyright Act is punished strictly, in that it infringes the rights of others.

One may come to face the risk of punishment without realizing that an act is unlawful, like the Changwon attorney's client.

If you find yourself in a situation similar to this case and need the Changwon attorney's assistance, you may reach out to Daeryun Law Firm at any time to entrust your case.

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
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