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(영문) 창원지방법원 2016.10.06 2016고정634
저작권법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the representative of C in Sung-gu, Sungwon-si, Sungwon-si.

No person shall use a reproduction of a program made in violation of copyright of the program for business purposes by a person who has acquired it with the knowledge of such fact.

Nevertheless, from July 1, 2006 to June 3, 2015, the Defendant, at the above C office, used the business PC installed with the program “Auta CAD 2007” by the copyright holder from July 1, 2006 to June 3, 2015 for the company’s business purpose with the knowledge of the fact, and around September 10, 2013, used the business PC installed with the program “Auta CAM-M-Mil” program 1k for business purpose from December 2, 2013 to June 3, 2015 for employees D.

In addition, with the knowledge that the Defendant is an illegal reproduction program, from December 3, 2013 to June 3, 2015, the Defendant used the program 1kp of the “Mitoman 2014” program from December 17, 2013 to June 3, 2015, and from December 17, 2013 to June 3, 2015, 1kp of the copyright holder’s Dayst Systems (CAIA) V5 R20 program to the said D for business purposes, and from April 15, 2015 to June 3, 2015, the Defendant used the program 1kp of the “A” program to E for business purposes.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of D or E;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to a report on the result of warrant execution (including attached materials);

1. Article 136 (2) 4 of the Copyright Act and Articles 124 (1) 3 of the same Act concerning facts constituting an offense, the selection of fines, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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