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(영문) 서울남부지방법원 2018.08.22 2018고정709
저작권법위반
Text

Defendant shall be punished by a fine of two million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

No person shall infringe upon any author's property right or other property rights protected pursuant to the Copyright Act by means of reproduction, performance, public transmission, exhibition, distribution, lease, or preparation of a derivative work.

The Defendant, as the president of the “C” in the Yangcheon-gu Seoul Metropolitan Government building, and around October 2017, copied the “E” and “F”, which are the compilation work of the victim D, in the said private teaching institute, and distributed the same to students, thereby infringing on the victim’s author’s property right.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Original of copyright registration certificate and problem paper;

1. Application of Acts and subordinate statutes, such as reproduced issues, and internal photographs of buildings;

1. Article 136 (1) 1 of the Copyright Act and Article 136 (1) 1 of the same Act concerning the relevant criminal facts and the selection of fines;

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

1. The amount of fine for a summary order shall be reduced by taking into account the following factors: (a) the grounds for sentencing under Article 334(1) of the Criminal Procedure Act recognize the Defendant as a crime and reflects the mistake; (b) there is no record of criminal punishment; (c) there are some circumstances to consider the motive leading to the crime; and (d) there is a physical disability Grade IV.

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