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(영문) 서울서부지방법원 2015.05.14 2014고정1805
저작권법위반
Text

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

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

The Defendants were in charge of the development of “F”, which is a game operation program, in each victim company, in E, and Defendant A was in charge of the development of the game operation program, around January 21, 2013, and Defendant B retired from their respective offices on January 28, 2013, and then entered into G from the end of February 2013 to the end of February 2013, and conducted the development of “H and other game-related business” and “I.

No one shall infringe upon author's property right or other property rights protected pursuant to the Copyright Act by means of reproduction, performance, public transmission, exhibition, distribution, lending, or production of derivative works.

Nevertheless, from the end of February 2013 to March 20, 2013, the Defendants conspired to produce “I” solution program by reproducing part of the victim’s “F” program as it is or producing similarly a copy of the victim’s “F” program at the G Office located in the seventh floor of Seoul Mapo-gu Seoul Mapo-gu Seoul.

Accordingly, the Defendants infringed the computer program copyright of the victim company.

Summary of Evidence

1. The Defendants’ partial statements in the first trial record;

1. Each legal statement of witness K and L;

1. Program registration certificate;

1. Notification of the result of appraisal (No. 2013 type 23209);

1. Application of each statute;

1. Article 136 (1) 1 of the Copyright Act, Article 30 of the Criminal Act, and the selection of fines for negligence;

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

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

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