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(영문) 인천지방법원 2016.02.17 2015고단2941

저작권법위반

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is C’s representative director who manufactures and sells telecommunications equipment and parts.

On December 2, 2014, the Defendant acquired a reproduction of the program equivalent to KRW 17,521,365,400 (hereinafter “instant program”) in the foregoing company’s office located in Nam-gu Incheon Metropolitan City, Nam-gu, 2014, and used it for the business of the said company, with the knowledge of the fact that the reproduction of the program equivalent to KRW 17,521,365,40,00 (hereinafter “instant program”) owned by six companies, as indicated in the list of crimes in the attached list of crimes, including the three market prices of Adance D D’s 209 program holding the program copyright.

Accordingly, the Defendant infringed on the copyright of the program copyright holder of the instant case.

2. The Defendant’s act of infringing the copyright under Articles 136(2)4 and 124(1)3 of the Copyright Act, i.e., ① an act of infringing the copyright of a program, and ② an act of acquiring the reproduction of a program created by infringing the copyright of the program with the knowledge of the fact.

Defendant

According to the consistent statement made by the employees of the company in the court consistently, the employees received at will the rest of the programs except those purchased by the Defendant Company as well as those purchased by the Defendant Company, from the Internet, and used the whole or part of the programs installed on their own computers and used part of the programs for the Company’s business.

I seem to appear.

Therefore, the defendant did not directly acquire or use the reproduction of the program of this case.

The decision is judged.

B. According to the evidence investigation results, including the legal statement of the employees, the instant program is not an essential program for the duties of the Defendant Company.