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(영문) 수원지방법원 평택지원 2017.05.11 2016고정557

저작권법위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 2,000,000.

Defendant

A above.

Reasons

Punishment of the crime

1. On January 25, 2016, the Defendant: (a) at the office of the Defendant in Pyeongtaek-si (hereinafter “Defendant A”); (b) at around 14:05, the Defendant created one program, “AstroCAD 2010” program, “Astro 2.0” program, “Astro 2.0” program, “Astro 8.0” program, “Astro 9.0” program, “Astro 207” program, “Astro 2010” program, “Astro 2010” program, “Astro 201” program, “Astro 201” program, “Astro 201” program, “Astro 201” program, “Astro 205”, the Defendant, who is aware of the use of the copyrighted copyrighted copyrighted copyrighted copyrighted copyrighted copyrighted copyrighted copyrighted copyrighted copyrightedly, or had the Defendant directly use the copyrighted copyrighted copyrighted copyrighted copyrighted material in the computer.

2. Defendant B Co., Ltd. committed an act of violation of the Copyright Act using a reproduced computer program in the course of business, which was reproduced by infringement of copyright as above, by Defendant A, the representative of the Defendant at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant A’s legal statement

1. Statement made by the police against D or E;

1. A written statement;

1. Application of the Acts and subordinate statutes to the complaint;

1. Defendant A: Article 136(2)4 and Article 124(1)3 of the Copyright Act; Article 141, Article 136(2)4 and Article 124(1)3 of the same Act; Article 146(2)3 of the Copyright Act; Article 124(1)3 of the same Act

1. Defendants who aggravated concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act