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Defendant shall be punished by a fine of KRW 500,000.
Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Reasons
Punishment of the crime
The defendant is a business owner of "B", and the complainant is "C".
The Defendant, while operating the Seoul Southern-gu D building and the second floor "B" business, should obtain prior permission to use music works managed by C while obtaining such prior permission, had a large number of grains, such as E writers and F grain "G" from July 2017 to January 2018 without following these legitimate procedures.
As a result, the Defendant stated “C’s property right” in the written indictment for musical copyright, which is managed by the copyright holder in C. However, since it is apparent that C, which is an incorporated association, is exercising the music copyright upon entrustment from the musical copyright holder, the Defendant’s correction ex officio is made.
A. The violation was committed.
Summary of Evidence
1. A protocol concerning the examination of partially the police officers of the accused;
1. Each statement of H;
1. Application of Acts and subordinate statutes to a complaint, a permit for copyright trust management business, a peremptory notice, and a specification of infringement of music works infringed upon;
1. Article 136 (1) 1 of the Copyright Act and Article 136 (1) 1 of the same Act concerning the relevant criminal facts and the selection of fines;
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;