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(영문) 서울서부지방법원 2012.11.15 2012고정1729
저작권법위반
Text

Defendant

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

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A is the general executive director of Company B with 3-4 floors in Mapo-gu Seoul Metropolitan Government.

Defendant

B Co., Ltd. is a corporation established for the purpose of the household manufacturing wholesale and retail interior decoration business, the product interior design business, the advertising planning business, the exhibition production, and the establishment-related incidental business.

1. From July 2009 to February 7, 2012, Defendant A copied 10 pro ratasat 7.0, a total of 127 fixed price as shown in the separate sheet of crime, including a reproduction of 154,031,60 won at 127 fixed price as shown in the separate sheet of crime, on the 17 business-use computers installed at the above Defendant B office.

2. Defendant B: (a) at the above date, at the place, Defendant B, the executive director general in charge of Defendant Company’s management, committed the above violation in relation to the Defendant Company’s business.

Summary of Evidence

1. The defendant A's partial statement

1. A suspect interrogation protocol of the police officer;

1. The police statement concerning G;

1. A statement of H and G;

1. Application of Acts and subordinate statutes to certificates of software sales and contract performance, the installation and use of computer programs, personal search results, and evidentiary materials related to use;

1. Defendant A of the pertinent legal provision relating to criminal facts: Article 136(1) of the Copyright Act (Selection of Fine): Article 141 and Article 136(1) of the Copyright Act (Selection of Fine);

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

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