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(영문) 서울동부지방법원 2016.04.19 2016고정42

저작권법위반

Text

Defendant

A shall be punished by a fine of KRW 500,000, and by a fine of KRW 3,000,000, respectively.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

B Co., Ltd. is a corporation for the purpose of manufacturing and wholesale retail of environmental facilities in Seongdong-gu Seoul and the second floor, and the defendant A served as a director of the business management headquarters of the above B Co., Ltd.

1. On August 6, 2014, the Defendant conspiredd with 25 employees who could not know the name of the Defendant’s criminal act, and infringed the copyright of the copyright holder by using 10 program of “Acrobat” owned by the copyright holder, “Acrobat program owned by Ecrobat Co., Ltd., a copyright holder,” “1, 11 copyright owned by Ecrobat Co., Ltd., Ltd., and Hangul and computers” in Korean language “9 and Ocrocrod program owned by the copyright holder,” while being aware that 7 programs of “Autio Cad” owned by the copyright holder were illegally reproduced.

2. As described in paragraph (1), the Defendant infringed upon the copyright holder’s copyright in relation to the Defendant’s business.

Summary of Evidence

1. Statement made by the police concerning the defendant A concerning the suspect suspect E in the police interrogation protocol;

1. Application of Acts and subordinate statutes to complaint, investigative reports ( Results of execution of a warrant of search and inspection);

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 136(2)4 of each Copyright Act, Article 124(1)3 of the same Act, Article 30 of the Criminal Act

B. Defendant B: Articles 141, 136(2)4, and 124(1)3 of each Copyright Act

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37 and Articles 38(1)2 and 50 of the Criminal Act;

1. Defendant A who is detained 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