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(영문) 서울서부지방법원 2017.11.16 2017고정190

저작권법위반

Text

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

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

Reasons

Punishment of the crime

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

On August 16, 2010, when the contract to establish the publication right and transmission right of the work called “D (Provisional)” concluded with the victim C was terminated on August 15, 2015, the Defendant provided title, title, tea, etc. upon requesting the work of “F” to the E at a place where it is unknown on or around December 15, 2015, and on January 4, 2016, at the H Co., Ltd. office operated by the Defendant located in Mapo-gu Seoul Metropolitan Government, the Defendant, at the H Co., Ltd. office operated by the Defendant located in Mapo-gu on January 4, 2016, using the same title, similar mark, design, paper, shape, and shape as “F” (hereinafter referred to as “original work”), the victim’s copyrighted work is identical to the original work of “F” (hereinafter referred to as “original work”).

Whether the “B” translation of “B” can be a secondary business

“F” was published by writing the book of “F” (F) with the content that has substantial similarity with the original work in 60 parts, such as the publication of the list of crimes in the attached Form, including changing to the original work, and published the book of “F” (F) with the content that the damaged person knows that he/she has reproduced the literary work he/she owns without permission, even though he/she knows that he/she has reproduced it without permission.

Accordingly, the defendant distributed the books that illegally reproduced the victim's literary work, thereby infringing the victim's copyright.

Summary of Evidence

1. Partial statement of a witness I;

1. A protocol concerning the interrogation of suspects of E;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes of a complaint, publication right and contract for the establishment of transmission right;

1. Article 136 (1) 1 of the Copyright Act applicable to the relevant criminal facts and Article 136 (1) 1 of the Act on the Selection of Punishment;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;