logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2015.06.19 2015고정893
저작권법위반
Text

The sentence of punishment against the Defendants shall be suspended.

Reasons

Punishment of the crime

Defendant

B is a corporation established for the purpose of the development and sale of numerical guidance program, and the defendant A is a representative director who exercises overall control over the defendant B.

1. No person who is a defendant A shall infringe on the copyright by reproducing the program copyright of another person without any legitimate authority;

Nevertheless, the Defendant, without legitimate authority from February 25, 2012 to December 15, 2014, used the computer program equivalent to 50,183,180 won in total by illegally reproducing 67 types of computer programs of six damaged companies, such as the Handogg and the computer, as in the attached crime list, within the office of a stock company B located in Daegu-gu building C building 602, Nam-gu, Daegu, as in the attached list of crimes, and used the computer program of 50,183,180 won for business purposes.

2. Defendant B, at the same time and place as in the preceding paragraph, infringed the program copyright of the victimized company as above in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ legal statement

1. A complaint and a supplementary complaint;

1. Each statement of D, E, and F;

1. A copy of fact-finding certificate;

1. A software registration certificate;

1. Data on the current status of the establishment and use of computer programs, list of computer program scenario numbers, results of individual search, and closure of computer program usage screen;

1. A list of calculation of infringed amount;

1. Application of Acts and subordinate statutes to entire registered matters;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 136(1)1 of the Copyright Act (Selection of Fine);

(b) Defendant B: Articles 141 and 136(1)1 of each Copyright Act [the instant act by Defendant A is for profit-making purposes, and thus the subject matter subject to prosecution subject to prosecution subject to prosecution subject to prosecution is excluded pursuant to Article 140(1) of the Copyright Act];

1. Defendants from among concurrent crimes: the former part of Article 37 and Article 38 (1) 2 of the Criminal Act;

1. Defendants to be suspended from sentence: Fines of two million won each; and

1. Defendant A of detention in a workhouse: Criminal Act;

arrow