Deals & Cases

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

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

The client, against whom a criminal complaint had been filed, came to an attorney who had handled numerous criminal cases and requested help, ahead of a police investigation on a charge of violating the Copyright Act, in order to respond to the complaint.

1. Client Subject to a Criminal Complaint

Case study of a client under criminal complaint on charges of violating the Copyright Act

The client, who was the subject of a criminal complaint, faced the risk of punishment on charges of violating the Copyright Act, but with the prompt assistance of a criminal attorney was able to obtain a non-referral decision.

Client Charged with 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.

2. What Are the Charges Against the Client in the Criminal Complaint?

The client, who had a criminal complaint filed against him, was facing a charge of violation of the Copyright Act.

A violation of the Copyright Act is classified as a serious crime that may lead to criminal punishment, such as imprisonment or a fine under the Copyright Act, and depending on the case, severe criminal punishment may be imposed.

Copyright Act, Article 136

A person may be punished by imprisonment for not more than 5 years or a fine of not more than 50 million won, or both may be imposed concurrently.

Issues in the Case

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.

3. Strategy for Defending Against the Criminal Complaint

Criminal complaint defense, collaboration with the digital forensics and evidence investigation center

In order to defend against the criminal complaint, the criminal attorney focused on securing objective evidence by collaborating with the evidence investigation center and the digital forensics center from the early stage of the complaint case.

Afterward, the attorney argued as follows so that the client could obtain a non-referral decision.

Criminal Complaint Defense Strategy ① | No Intent

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.

Criminal Complaint Defense Strategy ② | The Amount of Use Was Not Large

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.

4. Result of the Criminal Complaint Assistance: “Non-Referral”

Case of a non-referral decision as a result of criminal complaint assistance

As a result of the criminal complaint assistance, the client was able to obtain a non-referral decision in this case.

The client expressed gratitude, saying that it was thanks to the criminal attorney that a non-referral decision could be obtained.

If You Have Been Subject to a Criminal Complaint

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.

형사고소

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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