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(영문) 광주지방법원 2019.09.19 2016고정854

저작권법위반

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates “C” and “E” in “E” in “C” in “E” in Masung-si.

On August 20, 2015, the Defendant infringed the F’s copyright by performing and explaining the Compilation Works’s “G” and “H” to many unspecified people, who were found in order to conduct business experience without obtaining permission from F, copyright holder, in the above E.

From April 2012 to October 15, 2015, the Defendant arbitrarily performed the said work and infringed on the said F’s copyright by performing it to many and unspecified persons who found the said work C and E.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness F;

1. G, H;

1. The case of violation of the Copyright Act (the defendant and his defense counsel)

I Co., Ltd. (hereinafter “I”)

In light of the following facts and circumstances acknowledged by the evidence duly adopted and examined by this Court, the copyright holder of the instant work is presumed to have copyright in the case of a work without the indication of the author. ① In the case of a work without the indication of the author, the author, performer, or the person indicated as the publisher is presumed to have copyright (Article 8(2) of the Copyright Act, and Article 8(2) of the Copyright Act), and the person who registered the copyright of the instant work is deemed to be F.

② At this Court, F testified that “I would directly create the instant copyrighted work during a long-term period of time while serving as a director, and thereafter, in the J established in 2009, the instant copyrighted work was used in full scale. The work used in I for experience and the instant copyrighted work are separate.”

3. The creation date and publication date of compilation works among the instant works shall be false.