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(영문) 서울동부지방법원 2014.02.18 2013고정2081

저작권법위반

Text

Punishment against the Defendants shall be prescribed by each fine of KRW 1,000,000.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

Defendant

A is the representative director of a company that operates a main production company without a factory called E (sponsive Products related to Spact) with the trade name from the 11th floor of Songpa-gu Seoul Metropolitan Government D building B.

Defendant

A Co., Ltd. is a corporation that runs the above business.

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

1. From March 201 to June 2013, Defendant A copied programs, such as Ansys, etc., for F, G, H, I, and J’s computers, which were employees, in the foregoing B office, on the computers of E, G, H, I, and J, CAD of Escenca and staff F, without permission of the copyright owner, thereby infringing on the copyright of the said copyright owner.

2. Defendant B, at the time and place specified in the above 1. Paragraph (1) above, the Defendant, a representative of the Defendant, infringed on the Defendant’s program copyright as above.

Summary of Evidence

1. Part of the Defendants’ legal statement, and protocol of suspect interrogation against Defendant A

1. Witness K and each legal statement L;

1. Application of the Acts and subordinate statutes of the K’s statement, the layout limit, the current status of use by PC, the closure screen (investigative records No. 79 through 87), and the results of the SW inspection to the verification table;

1. Defendant A: Article 136 (1) 1 of the Copyright Act; Article 141 and Article 136 (1) 1 of the Copyright Act; Article 136 (1) 1 of the same Act;

1. Defendants who aggravated concurrent crimes: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Defendant A at a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: The grounds for conviction under Article 334 (1) of the Criminal Procedure Act

1. The programs, such as Autdo CAD, Anasys, etc. (hereinafter “instant copyrighted works”) are not necessary for the duties of Defendant B Co., Ltd. (hereinafter “Defendant Company”), and are part of the employees.