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(영문) 광주지방법원 2019.01.10 2018고정1173

저작권법위반

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

B Co., Ltd. was established for the purpose of entertainment tavern business, etc. in Youngnam-gun C, and was operated from January 7, 2016 to July 13, 2017, and the Defendant, as an internal director of the company B, managed the said “Emart club.”

From December 16, 2016 to January 13, 2017, the Defendant infringed upon the music copyright, which was managed by the copyright holder upon the entrustment of the work in H, by allowing customers to singing “G” with a computer sound device without obtaining the consent of the music copyright holder at the above age club.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. A complaint filed by the H, an incorporated association;

1. A report on investigation (including a list of visit details attached (including a list of visit details);

1. Application of Acts and subordinate statutes to specifications of infringement of musical works;

1. Article 136 (1) and (1) of the Copyright Act and Article 136 (1) 1 of the same Act concerning criminal facts and the selection of fines;

1. Articles 70 (1) 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;