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(영문) 수원지방법원 안산지원 2016.11.25 2016고정1279

저작권법위반

Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who operates a design and manufacture company, such as medical devices, under the trade name called “E” in Ma and Ddong 812.

Any person who has acquired a reproduction of a program made in violation of copyright of the program with the knowledge of such fact shall not use it for business purposes.

From July 1, 2013 to October 8, 2015, the Defendant installed a reproduction program, which is a victim’s work, of the victim’s Lao (AutCAD 2012) company, on one of the computers of the said “E” office, and used it as a business. From May 15, 2014 to October 8, 2015, the Defendant installed a reproduction program, which is a victim’s work, in the three computers of the said office.

Accordingly, the defendant infringed on the copyright of the victims.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. G statements;

1. The current status of installation and use of computer programs;

1. Application of Acts and subordinate statutes to investigation reports (execution of a search warrant and the result thereof);

1. Relevant Article 136 (2) 4 and Article 124 (1) 3 of the Copyright Act concerning facts constituting an offense and the choice of punishment;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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