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(영문) 서울중앙지방법원 2013.06.28 2013고정1118

저작권법위반등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

[2013 fixed-term 1119] Any person who intends to publish a magazine shall register the title, publisher, purpose of publication, etc. with the competent authority at the location of the main office.

Nevertheless, the Defendant, without registering with the competent authority from August 201 to November 2012, issued and sold magazines containing commentaries, etc. in the field of politics, etc. under the title D once a month from August 201 to August 5, 2012.

Summary of Evidence

1. Partial statement of the police suspect interrogation protocol against the defendant;

1. Statement of the police statement regarding E;

1. Statement of investigation report (the competent officer in charge of Seocho-gu Office and the details of telephone conversations);

1. Entry of the results of Internet search;

1. Application of the Acts and subordinate statutes entered in magazines copies;

1. Article 31 of the Act on Promotion of Periodicals, Including Magazines applicable to criminal facts and selective magazines, and subparagraph 1 of Article 15 of the Act on Promotion of Periodicals, Including Magazines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In full view of the following circumstances acknowledged by each evidence presented before conviction under Article 334(1) of the Criminal Procedure Act, namely, the Defendant’s referenced to “persons who purchase D in a monthly amount of 200 pages” on the Internet on August 20, 2011 (2013No. 1119 investigation records No. 55 pages), the Defendant, without registering with the competent authority, issued and sold magazines one time a month under the title “D in a political and other areas” for the same period as indicated in its reasoning.

Parts of innocence

1. The summary of this part of the facts charged shall register the title, publisher, purpose of publication, etc. of a magazine with the competent authority where the principal office is located.

Nevertheless, the Defendant did not register with the competent authority, and posted a comment, etc. on the political field from September 2003 to July 201, the Seocho-gu Seoul Metropolitan Government 503 Light Building No. D once a month under the name of D.