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(영문) 대전지방법원 2018.04.06 2017고정421

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

The Defendant: (a) sold a computer with the trade name “C” in Daejeon Dong-gu, Daejeon; (b) at a place where the location on July 29, 2016 is unknown; and (c) at a place where the victim microfircer is not known, the Defendant reproduced and installed “Winow OS” and “computer program” on the computers assembled by the Defendant without permission of the copyright owner; and (d) sold them to customers via the Internet homepage and infringed on the victim’s copyright.

Summary of Evidence

1. A protocol concerning the examination of partially the police officers of the accused;

1. Statement made by the police against D;

1. A president of a complaint filed for the radar with microfrate;

1. Application of the Kakao Stockholm dialogue legislation

1. Relevant legal provisions and Article 136 subparag. 1 of the Copyright Act regarding facts constituting an offense [the act of infringing on author’s property right differs even if the copyright holder is the same, from the perspective of legal interests infringed on each work, and thus, an act of infringing on each work constitutes, in principle, separate crimes (see Supreme Court Decision 2011Do12131, May 10, 201, etc.)]

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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;