beta
(영문) 서울중앙지방법원 2018.05.30 2017고정3897

저작권법위반

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is an operator of “C” who is elected from a person in Seoul Special Metropolitan City, Gwanak-gu.

No person shall infringe upon any other person's author's property right or other property rights protected pursuant to the Copyright Act by means of reproduction, performance, public transmission, exhibition, distribution, lending, or preparation of derivative works, and shall possess any objects created by any act that infringes on copyright or other rights protected pursuant to this Act for the purpose of distributing such fact.

On June 2017, the Defendant came to know of the fact that the above person’s character was an unauthorized reproduction, based on the claim that, among the form of a figure that the Defendant purchased from his customers in the name, and puts the character in the form of a man-made extraction machine, the “E” character, a copyrighted work of the copyright company, “F” and “H” character, a copyrighted work of G, a copyright company, is not an authentic work.

Nevertheless, from around that time to June 21, 2017, the Defendant, as indicated in the list of crimes in the attached Table, revoked public prosecutions involving the Nos. 2 and 3 of the crimes in the attached Table Nos. 9 among the charges in the instant case, which were produced without the permission of copyright holders, i.e., a total of nine types of copyrighted works without permission (the third public trial date). 56 points in the attached Table No. 56, in order to pay a certain amount to an unspecified number of unspecified persons and sell figures in the form of extraction, the Defendant violated the rights of copyright holders for profit-making purposes.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the accused (2 tea);

1. A statement of reference witness to I (on-site control officer's statement) and a statement of reference witness by J;

1. Investigation report (the distinction between the reproduction of character and the authentic work), investigation report (the report on the result of the analysis of seized articles), analysis results of seized articles, and list of seized articles;

1. A protocol of seizure and a list of seizure;

1. The application of the Acts and subordinate statutes on screening photographs and display photographs of illegal reproductions of the selling establishment;

참조조문