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(영문) 창원지방법원 진주지원 2012.12.26 2012고단1485

저작권법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No person who violates Article 136 (2) of the Copyright Act shall, without legitimate authority, sell products designed or produced for the main purpose of enabling or facilitating the liberalization of technical protection measures which are applied by a copyright holder, etc. to effectively prevent or control the act of infringing copyright;

Nevertheless, the Defendant purchased, on June 30, 201, China's DTS illegal carpetage manufactured to circumvent technical protection measures for the DS game software that is not Doldo Co., Ltd., and sold the DST illegal carpetage 788 (on June 30, 201, 200 won equivalent to 23,640,000 won at the fixed price) via the Internet site, which is established in the Defendant's name, around June 30, 201, such as selling 4 carpetage through the Internet site, the Internet site established in the Defendant's name, and from February 14, 2012 through the above "B" website and "C," website No. 162 to 345.

2. No person who violates Article 136 (1) of the Copyright Act shall infringe on author's property right by means of reproduction, distribution, lease, display, etc. without the consent of the copyright holder;

Nevertheless, the Defendant, while having kept 178 games with copyright in the Defendant’s computer via the Internet, sold 150 games out of the above games via the “B” website from January 8, 201 to February 14, 2012, by illegally reproducing and selling via the “B” website, etc., on January 8, 2011, the Defendant sold 2,405 Mai- Card which was illegally reproduced and stored by the Defendant’s copyright over 345 times (a total amount of KRW 4,605,339,800).

Summary of Evidence

1. Defendant's legal statement;

1. Documents pertaining to each investigation report and attached documents;

1. An appraisal report;