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(영문) 인천지방법원 부천지원 2016.12.23 2016고정1480

저작권법위반

Text

Defendant

A shall be punished by a fine of 2,00,000 won, and Defendant B shall be punished by a fine of 1,500,000 won.

Defendant

B above.

Reasons

Punishment of the crime

Defendant

B is the representative director of A in Kimpo-si, and Defendant A is a company established for the purpose of steel structure and sn beam processing and manufacturing.

1. Defendant B shall not engage in any act infringing upon intellectual property rights or other property rights protected pursuant to the Act by means of reproduction, performance, public transmission, exhibition, distribution, lending, or preparation of derivative works;

Nevertheless, the Defendant infringed upon the victims’ copyright by using two programs, such as the “Korea-computer 2007,” the copyright of which is owned by the victim, Korea-computer, and the Orabyck Ack, and two “Korea 2010,” three “Autdo 2008,” and “AutaCAD 2012,” and one “AutaCAD 2012,” without permission, at the office of the said joint-stock company A, from the date of 2015 to November 20, 2015.

2. The Defendant Co., Ltd. violated the copyright of the victims in relation to the Defendant’s work by using the victims’ programs without permission, such as B, the representative of the legal entity, at the same time and place as the preceding paragraph.

Summary of Evidence

1. Defendant B’s legal statement

1. The suspect interrogation protocol of Defendant B concerning the police officer

1. Application of respective Acts and subordinate statutes of D, E, and F;

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

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

1. Defendant B of detention in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

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