beta
(영문) 서울중앙지방법원 2018.12.12 2017고정566 (1)

저작권법위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

A victim B is a copyright holder who directly created C, D, E, etc. of English education for young children, which is a company that produces and sells teaching materials for English education for young children.

The defendant as the representative director of F, who is operating the Internet car page called "G", and F, who is engaged in study counseling, entrance consultation, education support service business, etc.

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

The Defendant, without permission of the victim who was the copyright holder from January 2016 to May 2016, published the books of C and D and the PDF files of the work of the victim on the bulletin board of the Internet camera “G” operated by himself/herself, and the above carpets who paid user fees to himself/herself.

Accordingly, the defendant invadeds the victim's property right by reproducing and transmitting the author's property right to the above works.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement by a witness H in the legal statement of the witness H, and by a witness I and H in the fourth public trial record;

1. Complaint;

1. Data, data on infringement of copyright, data on infringement of D copyright, and data on the G posted, printed data, copies of e-mail, etc.;

1. C Use Clause and translation [the defendant alleged to the effect that "the defendant has obtained permission for use of copyrighted works by purchasing a teacher's account from the victim company, and the defendant's act belongs to the scope of permitted use." However, the following circumstances acknowledged by the evidence of the judgment, i.e., the victim's account purchaser cannot use C contents by transmission, reproduction, distribution, performance, exhibition, or other means for commercial purposes without the explicit permission of C, according to the following circumstances acknowledged by the evidence of the judgment.