beta
(영문) 서울남부지방법원 2014.10.16 2012고단1726

저작권법위반등

Text

A defendant shall be punished by imprisonment for six months and a fine of 15 million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. From November 19, 2010 to August 3, 2011, the Defendant: (a) made a sales advertisement on the “DTS’s illegal reproduction game software for the above game machine”; (b) made a new bank account (F), agricultural bank account (G), and cellular phone opened in the name of the Defendant to easily sell it as indicated in attached Table 1; and (c) made it possible for the Defendant to deliver the mobile phone installed in the name of the Defendant to use the aforementioned DTS to use the loan-related money for the above game machine by nullifyinging technical protection measures installed on the “DS”, a portable game machine; and (d) made a sales advertisement on the “DTS’s illegal reproduction game software for the above game machine”; and (e) made an advertisement to the orderer to sell it as indicated in attached Table 1; and (e) made a new bank account (F), agricultural bank account (G); and (e) made a mobile phone installed in the name of the Defendant; and (e) made it possible to use the aforementioned DTS’s 2161.217.21.

2. No one in violation of the Copyright Act shall sell, store or possess for distribution purposes, any device, manufacture, remodel or function for the main purpose of nullifying technological protection measures of programs without legitimate authority;

Nevertheless, on July 201, the Defendant established three computers by leasing the office No. 306 of the Yangcheon-gu Seoul H Building on the early July 201, 201, and, on the basis of which, by nullifying technological protection measures installed in the “TTS”, a portable game machine, the Defendant recognized illegally reproduced software in the said game machine as a static software, the “DTSS,” non-” content of “DS game software,” where it is stored.

참조조문