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(영문) 인천지방법원 2014.12.24 2014고단6441

저작권법위반등

Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding ten thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Violation of the Copyright Act;

(a) No person shall provide, manufacture, transfer or lease technologies, services, products, devices, or major parts thereof with the main purpose of nullifying, such as removal, modification, friendship, etc. of the technical protection measures of the rights protected under the Copyright Act for business or for profit-making purposes;

Nevertheless, around October 8, 2011, the Defendant sold 3,276 in total over 3,276 times, as shown in the [Attachment Table 1] from around the above date to May 30, 2012, not less than 96,136,000 won, namely, in order to protect program copyright of the DaS Game software that was installed by using the Internet site in order to protect the program copyright of the Dondo corporation, other than Dondo corporation.

(b) No person shall infringe any third person's copyright on any third person's computer program work by means of reproduction or distribution without legitimate authority;

Nevertheless, around October 8, 2011, the Defendant purchased a camera storage device which illegally copied the game program using the Internet in the vicinity of Incheon around October 8, 2011, and then copied and stored the game program stored in the device and sold it again in a separate camera storage device, and from the above date to May 30, 2012, the Defendant appears to have written the written indictment of KRW 8,746,33,200 in total, as shown in the attached Table 2, from the above date to May 30, 2012, “8,746,30,200” appears to be a clerical error.

The copyright of computer program was infringed by selling 3,102 amer storage device in which a considerable content game program is stored and reproducing and distributing the copyright of computer program works.

2. Any person who violates the Act on the Regulation and Punishment of Criminal Proceeds Concealment shall be related to the acquisition or disposition of specific criminal proceeds.

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