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(영문) 의정부지방법원 2019.02.14 2018고정871
저작권법위반
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged in the instant case is C representative in Seodaemun-gu, Seoul, and around May 2015, the Defendant, without obtaining the consent from the victim D and the victim E, who is music copyright holder in C office, made the victim D writing and walved “F”, and made the victim E in a e-mail “G” in a e-mail, and distributed it via online music source sites, etc., and sold online and off-line in CDs, thereby infringing on the victims’ copyright by means of a derivative copyrighted work preparation.

Accordingly, the defendant infringed the victims' copyright for profit.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by this court, the victim D, at around February 12, 2014, read and read the “F” in this case, and perform it only at a small-scale performance, and thereafter, the victim D, upon requesting the victim E to do the said singing, and then made the said singing with the victim’s musical instruments such as bees and pians, etc. (Evidence No. 36, 80, etc., of the Evidence No. 36, 80, etc.), ② The victim D, by creating the said “F,” which was registered as an agent on March 19, 2015, published the said “F,” with the victim’s name “D’s 36,00,000,” and the victim D, with the victim’s name of “D’s 1,000,000,000 a copy of the said musical work,” which was registered as the victim’s name “D’s 36,015.

B. The facts of recognition as to the victim D’s copyright infringement, and the instant case.

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