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(영문) 서울동부지방법원 2017.07.07 2017고정659

저작권법위반

Text

Defendants shall be punished by a fine of one million won.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

Defendant

B is a corporation with the objective of industrial design business, and the defendant A is the representative director of the above corporation.

1. On July 18, 2016, Defendant A, at the office located in Seongdong-gu Seoul Metropolitan Government building 1203, Defendant A used the program copyrighted in total of 19 bits, including AutCAD7 sets, which is a copyrighted work of compressic ethyl tert, which is a copyrighted work of the compressic ethyl tert, which is a copyrighted work of the copyrighted work in the Korea and computer, and a copyrighted work of the copyrighted work in the Korean language and computer, which is a copyrighted work of the copyrighted work of the copyrighted work in the GaCAD7 sets, which is a copyrighted work of the copyrighted work of the copyrighted work in the Gapt.

2. The representative director A of the Defendant B Defendant Company used the reproduced program work for business at the time and place specified in paragraph 1. The Defendant Company B’s business and at the same time and place specified in paragraph 1.

Summary of Evidence

1. Defendants’ legal statement

1. Statement made by the police against D;

1. A E statement (Evidence No. 76 pages);

1. A written statement;

1. Statement of police search;

1. Application of Acts and subordinate statutes on screen pictures by the current status of the installation and use of computer programs, list of computer program scenario numbers, copy of business registration certificate, personal search result, and closure;

1. Article 136 (2) 4 and Article 124 (1) 3 of the Copyright Act, and Article 141, Article 136 (2) 4 and Article 124 (1) 3 of the same Act, Article 124 (2) 3 of the same Act, Article 141, Article 136 (2) 4 and Article 124 (1) 3 of the same Act;

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

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: The details and period of the use of the program indicated in the criminal facts of the Defendants, the number of computers used, the type and number of illegally used programs, and other accused persons for the reasons for sentencing under Article 334(1) of the Criminal Procedure Act.