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(영문) 대구지방법원 2016.01.21 2015고단5358

저작권법위반등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who conducts miscellaneous electronic commerce in Daegu Suwon-gu B.

1. No person who violates the Copyright Act shall infringe upon any author's property right or other property rights protected under this Act by means of preparation of a derivative work, such as reproduction, performance, public transmission, public transmission, exhibition, distribution, lease, etc.;

On March 2015, at the above office, the Defendant purchased CDs illegally reproduced for business use /pkc/ Ors, etc. 2013 and then infringed on the Plaintiff’s property right for profit by selling 203,50 won per unit of the program work (Wloows OS) and 8.1, which is a copyrighted program work, which is a copyrighted program work, which is a copyrighted work, which is a copyrighted work, by a microfcer in China, through the microfcer in the above office, and around that time, the operation system in an open market, such as the Internet rooftop, was 8,00 won per unit, and 03,50 won per unit of the program, and sold by a microfcer in the microfcer.

2. No person who violates the Trademark Act shall use a trademark identical or similar to another person's registered trademark on goods identical or similar to the designated goods, and deliver, sell, forge, imitate, or possess such trademark for the purpose of using or allowing another person to use it;

On March 2015, the Defendant imported CDs including a window operation system with a trademark similar to the design of “Microft” registered with the Korean Intellectual Property Office through a Chinese Buddhist wholesaler at the above office, and around that time, sold 180 CDs containing a window operation system and 10 CDs containing a mpacte program in an open market, such as an Internet rooftop, and sold mpacte program at the open market, thereby infringing on the trademark right of the above registered trademark.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A protocol of seizure and a list of seizure;

1. Details of inquiries about the registration of a microfloart trademark, Korean Intellectual Property Office, or Korean Intellectual Property Office;

1. Blogs;

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