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(영문) 광주지방법원 2017.08.18 2016고정890

저작권법위반

Text

Defendant

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

Defendant

The amount equivalent to the above fine shall be applied to Company B.

Reasons

Punishment of the crime

Defendant

B Co., Ltd. is a corporation established for the purpose of the gold-type manufacturing, etc. of automobiles from the southan Military E to the 1988.

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

Defendant

B, from the date in which the employees, who are employees of the above defendant, were influenite to July 24, 2015, the Defendant’s trademark holder CNC Software A, a copyright holder of the computer program work, was installed in three PC units attached to the gold press device managed and operated by the above Defendant, and used it in relation to the above Defendant’s field work, thereby infringing the CNC Software A’s copyright.

Summary of Evidence

1. The defendant B's legal statement

1. A protocol concerning suspect interrogation of the defendant A by the prosecution;

1. Statement of the police statement related to G;

1. The application of recording records, a written public notice of the employment of workers engaged in public works, and written estimates;

1. Articles 141, 136 (2) 4, and 124 (1) of the Copyright Act concerning facts constituting an offense;

1. Defendant B and defense counsel’s assertion on the assertion of Defendant B and defense counsel under Article 334(1) of the Criminal Procedure Act asserts that the above Defendant Company did not neglect due care and supervision to prevent copyright violations, such as educating employees of the above Defendant Company to use the fixed amount software, and using the fixed amount of money in purchasing the fixed amount of money at KRW 00 million in one year, and thus, it does not constitute punishment pursuant to the proviso to Article 141 of the Copyright Act.

In the case of both provisions such as Article 141 of the Copyright Act, the corporation shall pay due attention to the business of the violation.