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(영문) 인천지방법원 부천지원 2013.10.16 2013고정1387

저작권법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who operates the so-called “C” as the Jeju Kimpo-si Design Manufacturing Business Center in Gyeonggi Kimpo-si B.

No person shall, without legitimate authority, use for business purposes a reproduction of a program made by means of reproduction, distribution, publication or transmission of another person’s program work, or a reproduction of a program made in infringement of copyright of the program is acquired with the knowledge of such circumstances.

Nevertheless, the Defendant: (a) installed two computers for business in use in the above office from the date from the date date to April 9, 2013, 2013, the two computers for software author’s use; (b) 1 carp, 1 carp, 1 carp, 2 carp, 2 carp, 1 carp, 7.5 carp, 2 carp, 2 carp, 2010, 2 carp, 2 carp, 2 carp, 2 carp, 2 carp, 2 carp, 2 carp, 2 carp, 2 carp, 5 carp, etc. in the process of illegally downloading a program or purchasing a computer; and (c) used the program as a tool necessary for business purposes, thereby infringing the copyright holder’s copyright.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to Sw inspection marks and the current status of use by pc;

1. Relevant Article 136 (1) 1 of the Copyright Act concerning facts constituting an offense and Article 136 (1) 1 of the same Act concerning the selection of punishment;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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