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(영문) 의정부지방법원 2017.02.09 2016고정431
저작권법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 10,000,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A is a professor and professor of E junior college environment and the environmental health department of F University.

Defendant

A around August 201, 201, as a co-work of Defendant A and I from H, a business employee of G, received a request from G to add professors, other than the author, as a co-author, to the “J” book issued on September 10, 2010.

Defendant

B and K accepted the request for additional defects from L, a business employee of G, as the author in the above book, from L, and M, which are not the author, and N accepted the request from L to the author in the above book. On March 2013, N accepted the request for additional defects from L to the author in the above book.

H, L, and M around September 10, 201, at the G office located in the PO in the Pju City of Pakistan, and even if Defendant B and K are not the official seal of “J”, the so-called “satis” book, which was added to Defendant B and K as the official seal of Defendant B and K, was published in the name of book publishing G, and on March 10, 2013, even if Defendant B, K, and N were not the official seal of “J”, the book was published in the name of “satis” book publishing G.

Accordingly, the Defendants made the work public in collusion with H, L, M, etc. by indicating the real name of a person other than the author as the author.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Legal statement of the witness M;

1. Application of Acts and subordinate statutes to each protocol concerning the examination of suspects of H, L, K, and N by the prosecution;

1. Article 137(1)1 of the Copyright Act, Article 30 of the Criminal Act, and the choice of fines for the crime;

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

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

1. Judgment on the assertion by the Defendants and the defense counsel under Article 334(1) of the Criminal Procedure Act of each of the Criminal Procedure Act of the provisional payment order

1. It does not consent to the registration of a false author.

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