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(영문) 수원지방법원 성남지원 2018.03.29 2017고정1281

저작권법위반

Text

Defendant

A shall be punished by a fine of KRW 1,000,000.

Defendant

If A does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A는 2016. 10. 경부터 2017. 1. 17. 경까지 성남시 중원구 D 건물 619호에 있는 주식회사 B의 사무실에서 피해자 매스 웍스 아이엔 씨가 프로그램 저작권을 보유한 'Matlab R2010a' 프로그램을 임의로 복제함으로써 피해자의 컴퓨터 프로그램 저작권을 침해하였다.

Summary of Evidence

1. Statement of the defendant in the third public trial records;

1. E statements;

1. Complaint;

1. Application of Acts and subordinate statutes to each software registration certificate, investigation report (report on the result of execution of a search and inspection warrant), confirmation mark as a result of SW, and current status of use of each PC;

1. Relevant legal provisions concerning facts constituting an offense and Article 136(1)1 of the Copyright Act (excluding punishment) of the option of punishment [Article 136(1) of the same Act] [Inasmuch as the act of infringing upon author's property rights and other property rights protected pursuant to this Act requires the act of reproduction, it does not obstruct the determination of whether the act of reproduction constitutes the constituent elements of the above Article 136(1)1 of the same Act.

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act (Defendant B Co., Ltd.);

1. The summary of this part of the facts charged is Defendant B, a corporation established for the purpose of research, development, manufacturing, etc. of automatic X-ray testing equipment.

From October 2016 to January 17, 2017, the above Defendant violated the victim’s computer program copyright by committing an act identical to a criminal fact, at the office located in Seongbuk-gu Seoul Metropolitan Government building D (619).

2. In accordance with the proviso of Article 141 of the Copyright Act, the issue of whether Defendant B was negligent in giving due attention and supervision to prevent the employee’s violation in relation to the pertinent business.

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