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(영문) 서울동부지방법원 2016.11.17 2016노578

저작권법위반

Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. Since the Defendant had already installed “Acrobat”, “Acrobat”, and “the text” on a computer received from the company at the time of entry on November 2012, 2012, the Defendant did not install each program indicated in the facts charged and did not instruct other employees to establish the same. The lower court convicted the Defendant by misapprehending the facts or by misapprehending the legal doctrine.

B. Even if the conviction of an unreasonable sentencing sentence is recognized, the lower court’s punishment (the fine of KRW 500,000) is too unreasonable.

2. Summary of the facts charged and the judgment of the court below

A. The summary of the facts charged is a corporation with the purpose of manufacturing and wholesale and retailing environmental facilities in Seongdong-gu Seoul and the second floor, and the defendant served as a director of the business management headquarters of the above B corporation.

On August 6, 2014, the Defendant conspired with 25 employees who are not aware of his name, thereby infringing on the copyright holder’s copyright by using 10 program of “Acrobat” owned by the copyright holder holder, 11 program of “Acrobat owned by the copyright holder company Ecrobat Co., Ltd.,” in collusion with 11 of “Acrobat program owned by the copyright holder company Ecrobat Co., Ltd., and Korean and Computer owned the copyright”.

B. The lower court found the Defendant guilty by taking account of the following evidence.

3. Judgment of the court below

A. Article 124(1)3 of the Copyright Act regards the reproduction of a program made in infringement of the copyright of the program (including the imported goods under subparagraph 1) as an infringement of copyright by a person who acquired it with the knowledge of such fact, and Article 136(2)4 of the same Act.