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(영문) 서울남부지방법원 2017.10.26 2017고정1485

저작권법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall infringe upon any author's property right or other property rights protected pursuant to the Copyright Act by means of reproduction, public performance, transmission to the public, exhibition, distribution, lease, or preparation of a derivative work.

Nevertheless, from December 2015 to April 27, 2017, the Defendant created one of the 3D-Stu -Max 2012’s program, “3D-tu -Max 2014” program, “3D-Stu -Max 2015” program, “3D-Stu -Max 2016” program, “3dat 3ds Max 2016” program, “A 2014” program, “1 , 2014” program, “A wood 2014” program, “A wood Ma2016” program, and “A wood 2016” program, each of the 111 computer program, which was created by the Defendant and used directly to the employees of the Defendant, by being aware of the infringement of the copyright of each of the computer program.

Summary of Evidence

1. Statement made by the police against D;

1. Complaints of E preparation;

1. Opinion of the complainant agent;

1. Current status of use of each PC;

1. Application of Acts and subordinate statutes to investigation reports (execution of a warrant of search and seizure and confirmation of suspect statements);

1. Article 136 (1) 1 of the Copyright Act and Article 136 (1) 1 of the same Act concerning the relevant criminal facts and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;