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(영문) 서울서부지방법원 2015.10.15 2015고정126

저작권법위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 500,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant A is a person who operates a company selling computers, peripheral devices, etc. under the trade name of Yongsan-gu Seoul Metropolitan Government D building 113 to E.

On August 16, 2014, the Defendant copied the program of 700,000 won and sold the PC in one of the PC main body by copying the program of 'Winow K', 'Microft Pus 2010', which is the program copyright in the U.S. Microsoft Cate at the above place.

Accordingly, the defendant infringed the complainant's copyright.

Defendant B of Yongsan-gu Seoul Metropolitan Government 113 and 114 is working as an employee at the “E” of the assembly PC sales company of Yongsan-gu Seoul Metropolitan Government.

Defendant

A is the representative of the above “E”.

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

A. On September 26, 2014, at around 14:07, Defendant B infringed on the copyright by installing and selling PC products “Winows OS(K)”, which is a computer operation system in which the victim has copyright, without purchasing the license from the microfray, within the “E” under Article 113 of the Yongsan-gu Seoul Metropolitan Government D Building 113.

Summary of Evidence

"2015, 126"

1. The defendant A's partial statement

1. Statement made by a witness F in the fourth trial record;

1. Legal statement of witness G;

1. A complaint (including attached documents);

1. The statement to supplement the complainant "2015, 629";

1. Defendants’ respective legal statements

1. Legal statement of witness G;

1. Data attached to a complaint petition (the screen on which information on installation of a window is carried out, and the screen of off-line installed information);

1. Application of the Acts and subordinate statutes to the complainant’s supplementary statement;

1. Relevant Articles of the Criminal Act and the choice of punishment for the criminal facts;