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(영문) 인천지방법원 부천지원 2018.02.09 2017고정1058

저작권법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

Defendant

A is the representative of a company that imports, manufactures, and sells the completes of “D” in Kimpo-si.

No person shall infringe upon any author's property right or other property rights or other property rights separately protected under this Act by means of reproduction, performance, public transmission, exhibition, distribution, lease, or preparation of a derivative work.

Nevertheless, the Defendant infringed on the copyright of art works (registration No. 3-201-001653-2) and copyright of video works (registration No. c-2001-001654-2) against B’s right of robot land B, which is held by B’s robot land B’, and infringed on the Defendant’s copyright by manufacturing and selling the character written “E” created by transforming B’s robot land B’s right of robot land from May 2016 to the present.

Summary of Evidence

1. Partial statement of the defendant;

1. Opinion of adviser on copyright infringement case;

1. A certificate of registration of art works or visual works, a certificate of registration of robot works, a character photograph, Internet sales details, E product photographs, and data on creation of Enob block;

1. Complaint;

1. Each investigation report (the defendant and defense counsel have a similarity between the defendant and the defendant's company's product with a nanotechnology block that contains small and simplification of shapes, and the product with a nanotechnology block that contains a sponsor's work, which is a work of the complainant's work;

However, according to the evidence duly adopted and examined by this Court, the following circumstances acknowledged by this Court, and ① The blick character of the complainant’s robot was creative as a art work and image work.

It is reasonable to see that E produced by the Defendant is a mere three-dimensional shape of robot blick character, and it is difficult to see the block product as a creative product based on the Defendant’s mental effort. General consumers also recognize E as a robot blick, ③ E’s blick block produced by the Defendant is assembled based on the assembly manual prepared by the Defendant.