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(영문) 대구지방법원 2015.11.13 2015고정2298

저작권법위반

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall infringe any intellectual property right or other property rights protected pursuant to the Copyright Act by means of reproduction, performance, public transmission, exhibition, distribution, lending, or preparation of a derivative work.

Nevertheless, on April 2015, the Defendant posted the image of “E” in the Daegu East-gu, Daegu-gu, in the Dispute Resolution Co., Ltd., which had been copyrighted to the victim D, on the Internet homepage that the said image was sold by using it without permission of the copyright holder, thereby infringing the copyright of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A complaint;

1. Materials proving authors;

1. Application of Acts and subordinate statutes on the screen of the original image or roller advertisement;

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. 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;