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(영문) 수원지방법원 성남지원 2017.04.26 2016고정275
저작권법위반
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Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is the representative of “is publishing C” that develops, produces, and supplies teaching materials used by childcare centers and kindergartens.

On May 8, 2012, D) received seven contents, such as “E, F, G, H, I, J, and K,” which were held by the said C, in lieu of repayment of KRW 450 million as an attempted bond held by the said C, and then published teaching materials using the above seven contents in the above C, the victim received 100 won per copy of the teaching material.

From June 6, 2014, the above C failed to pay KRW 51,368,950, which occurred around that time with respect to the use of the above seven contents, and on December 12, 2014, the victim notified the victim of the suspension of the use of the above seven contents owned by the victim against the above C, and notified the victim of the suspension of the use of the above seven contents, from June 6, 2014 to December 26, 2014.

Nevertheless, from December 13, 2014 to January 2015, the Defendant produced teaching materials for young children, such as “F”, “G”, and “H,” among the contents for education of young children who are copyrighted by the victim, without the consent of the victim who is the copyright holder, and sold such materials for young children and the above “M teaching materials” produced from October 2014 to the above C branch with the whole country, thereby infringing on the copyright of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness N orO;

1. Notice of contents;

1. A certificate of authentication (a contract to transfer contents);

1. A process deed;

1. A notarial deed (payment note);

1. The notification and reply of the contents;

1. Content certification [1. The Defendant and the defense counsel are the transfer security contract with a weak meaning premised on the duty of due diligence. Thus, the transfer contract of this case is a transfer security contract.

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