저작권법위반
Defendants shall be punished by a fine of KRW 5,000,000.
Defendant
If A does not pay the above fine, it shall be 100.
Punishment of the crime
Defendant
A is the representative director of the corporation B, and the defendant B is a corporation established for the purpose of manufacturing unmanned machines.
1. No person who is a defendant A shall use a reproduction program made by infringing on a program copyright for business purposes;
Nevertheless, at around 14:30 on May 29, 2015, the Defendant installed two reproduction programs (a total of KRW 304,000,000, and the victim's assertion) of "F," which the victim E holds, in a company B office located in Daegu-gu Office D, Daegu-gu, and used for business purposes.
2. Defendant B, at the above date and place, used a reproduction program made by A, the representative director of the Defendant, in violation of the program copyright as above, for business purposes.
Summary of Evidence
1. Each legal statement of witness G and H;
1. A complaint;
1. A search and inspection warrant and report of inspection;
1. Application of Acts and subordinate statutes to each investigation report (the International Company J telephone conversations, corporation statement, etc.);
1. Article 136 (2) 4 of the Copyright Act and Article 124 (1) 3 of the same Act (elective of fines): Defendant B, a corporation of this case, who is a defendant under Article 141, Article 136 (2) 4 of the Copyright Act and Article 124 (1) 3 of the same Act;
1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;
1. Defendants of the provisional payment order: Determination on the Defendants and their defense counsel’ assertion under Article 334(1) of the Criminal Procedure Act
1. In 2009, the Defendants: (a) stated that the copyright owner’s agent would be aware of the method of using the above program; and (b) obtained permission from the agent to use the program; and (c) the above program was used only for the purpose of education/concilation, as it is available until November 15, 2009.
Therefore, the reproduction of the program made by infringing the copyright of the program is acquired with the knowledge of the fact.