Text
Defendants shall be punished by a fine of KRW 1,500,000.
Defendant
If A does not pay the above fine, it shall be 100.
Reasons
Punishment of the crime
1. No person who is a defendant shall infringe on his/her property right or property right protected under the Copyright Act by means of reproduction, performance, public transmission, exhibition, distribution, lease, or preparation of a derivative work;
On August 16, 2019, the Defendant infringed the victim’s author’s property right by reproducing “G” (hereinafter “instant program”) which is a program in which “F” is copyright on the computers used by E, without permission, on the part of the Defendant.
2. Defendant B Co., Ltd. committed the above violation in relation to the Defendant’s business at the same time and at the same place as above 1, and at the same time and place.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of complaint and statement (H);
1. Application of the Acts and subordinate statutes to search records, investigation reports (in the course of on-site search and inspection of software), investigation reports (Submission of the details of purchase of Ipublic machinery by the suspect), investigation reports (Submission of additional accusation reports (Attachment of a certified copy of the register of the corporation of Defendant B)
1. Article 136 (1) 1 of the Copyright Act (Optional to a punishment) and Article 136 (1) 2 of the same Act: Defendant B: Articles 141 and 136 (1) 1 of the Copyright Act;
1. Article 70(1) and Article 69(2) of the Criminal Act on the confinement of a workhouse (Defendant A);
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the first offense for which Defendant A had no previous record; the reason why Defendant A installed the instant program; the frequency in which the instant program was actually used; the financial and operational status of Defendant B; and other sentencing conditions of Defendant A’s age, sex, environment, motive, means and consequence of the crime; and the circumstances after the crime, etc. shall be comprehensively considered, and the sentence is determined as ordered.