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(영문) 인천지방법원 부천지원 2013.03.13 2013고정397

저작권법위반

Text

Defendants shall be punished by a fine of KRW 1,000,000.

Defendant

A fails to pay the above fine; 50.

Reasons

Punishment of the crime

Defendant

A is the representative director of Kimpo-si B, and the defendant B is a corporation established for the purpose of manufacturing and selling gaseous pumps and compressed machines.

1. No defendant A shall infringe his/her author's property right or other property rights protected pursuant to the Act by means of reproduction, performance, public transmission, display, distribution, etc.;

Nevertheless, around July 10, 2012, the Defendant infringed upon the copyright of the above program copyright holder by allowing C, an employee of the above company B, to use the program for the use of the program for the use of the program for the use of the program on the Internet, which is a software author, at the 10th of the business-use computer used for the above company’s business.

2. The Defendant B, a representative director of the Defendant, committed an act of infringing the victims’ copyright in relation to the Defendant’s business at the same time and place as paragraph (1).

Summary of Evidence

1. Defendant A’s legal statement

1. Statement of the police made to D, E, and F;

1. A report on investigation (report on execution of a warrant of search, seizure and inspection) - A report on search, SW inspection results confirmation mark, the current status of use by PC, and records of use;

1. A complaint;

1. Application of statutes governing software registration certificates;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 136(1)1 of the Copyright Act; Selection of a fine

B. Defendant B: Articles 141 and 136(1)1 of the Copyright Act

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

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