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(영문) 수원지방법원 2013.04.10 2013고정306

저작권법위반

Text

Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the representative director of C, a corporation located in Suwon-si B 312, who exercises overall control over the business of the above corporation.

On September 2009, the Defendant opened the homepage (D) of C Co., Ltd. (the victim) and infringed on the victim’s copyright by reproducing and displaying 6 copies of the photographic work of the victim’s photographic image author (the image file name: e003.18.jpg, ca32084.jpg, b6198.jpg, b2982.jg, b2982.9.jg, bbb20423.jpg, 10467.jpg) in Korea.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

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

1. Article 136(1) of the former Copyright Act (amended by Act No. 10807, Jun. 30, 201) (amended by Act No. 10807, Jun. 30, 201);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the provisional payment order are the primary criminal defendant, and the defendant was notified of his infringement of rights and immediately deleted the relevant image after being notified of his infringement, and the circumstances leading to the instant crime, etc. shall be determined like the order.