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(영문) 대구지방법원 2016.08.26 2015고정844

저작권법위반

Text

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

If the defendant fails to pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant Daegu Jung-gu

C. On the second floor, a person who operates online shopping mall “E”, “F”, and “F” camera in the Internet site, with the operation of the off-line store “D” and the Internet website.

From August 8, 2014 to January 30, 2015, the Defendant, without the consent of the victim I, who is the representative of the online shopping mall “H,” who mainly sells the event uniforms, such as G building, 102 and 505 Dong 102 and 505, within one’s own residence, posted 57 copies of the photograph of the damaged person’s copyright on the above F-site operated by the Defendant, and violated the victim’s author’s property right by posting 36 copies of the photograph of the damaged person’s copyright, such as [Attachment Table No. 1 to 15] and [Attachment List No. 16 to 23], on the above-mentioned website operated by the Defendant.

Summary of Evidence

1. Each legal statement of a witness I, K and L;

1. A written statement I and K;

1. A complaint;

1. Data upon closures on the complainant's website and closures on the defendant's website;

1. Original photographic file;

1. Misappropriation of Defendant’s photographic works;

1. Data verifying the timing of posting the Defendant’s photograph, and data confirming the time of photographing the complainant’s photograph;

1. Original photograph, photograph and the data of comparison of misappropriation photographs;

1. Application of Acts and subordinate statutes on commission of photographing shopping malls;

1. Relevant Article 136 (1) 1 of the Copyright Act and the selection of fines for offenses; and Article 136 (1) 1 of the same Act;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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