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(영문) 서울서부지방법원 2015.11.25 2015고정532
저작권법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Punishment of the crime

The Defendant is a legal entity established for the purpose of developing online games and providing services, etc., and the B and C retired from Haman on January 2013, 2013 and performed the duties of developing “D” and “F” game-related duties, such as “E,” which were joined the Defendant company from the end of February 2013.

In collusion with the Defendant’s employees B and C, from the end of February 2013 to the end of March 20, 2013, the Defendant produced the Defendant’s “F” program copyright by means of reproducing or producing similar parts of the Defendant’s “D” program at the Defendant’s office located in the seventh floor of the 394-4 Section 7th floor in Mapo-gu Seoul Metropolitan Government, Mapo-gu, Seoul, thereby infringing on the Defendant’s computer program copyright.

Summary of Evidence

1. A protocol concerning the examination of suspect B or C by the prosecution;

1. Statement of each prosecutorial statement concerning G and H;

1. Part of the police statement concerning I;

1. Written Statement;

1. Copy of program registration certificate, output of the details sent and received by mail, and copy of draft agreement;

1. Application of Acts and subordinate statutes on a copy of a statement of appraisal of a game programming program, a written decision on provisional disposition (Seoul High Court 2014Ra101), B, and C of indictment;

1. Article 141 of the Act and Articles 141 and 136 (1) 1 of the Copyright Act concerning facts constituting an offense, the selection of fines, and the selection of fines;

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

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