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(영문) 서울중앙지방법원 2014.07.15 2014고단1296

저작권법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who operates a general miscellaneous goods store, such as portable radio and electric wires, in the name of Jongno-gu Seoul Metropolitan Government D.

From March 2013 to November 24, 2013, the Defendant sold to a large number of unspecified customers, together with or around November 11, 2013, the Defendant: (a) in the foregoing E, the DR’s 2,200 f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’

Accordingly, the defendant habitually transferred a number of SDR cards with the sound source 2,200 which are related rights to the victim to the public for profit, thereby infringing on the victim's property rights protected under the copyright law, and possessed 1,109 SDRs made by infringing on the victim's property rights for profit.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and I;

1. Police seizure records;

1. Investigation report (field search report);

1. A complaint (including attached documents);

1. Application of each statute on photographs;

1. Article 136(1) of the Copyright Act (the point of infringement on author’s property right by distribution), Article 136(2)4, and Article 124(1)2 (the point of infringement on author’s property right by possession) of the same Act on facts constituting an offense, and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 139 of the Copyright Act and Article 48(1) of the Criminal Act, among the above crimes, a violation of the Copyright Act due to distribution, is from August to one year of the basic area of copyright infringement of category 1 (authors’ property rights).