Defendants shall be punished by a fine of KRW 3,500,000.

Defendant

A fails to pay the above fine; 50.

Punishment of the crime

Defendant

A is the representative director of B, and subparagraph (B) of the same paragraph shall be a corporation established for the purpose of manufacturing, etc.;

(a) No person may infringe another person’s copyright of a third person’s program without legitimate authority by means of reproduction, adaptation, translation, distribution, publication and transmission;

Nevertheless, around January 9, 2012, Defendant A installed a reproduction of the amount equivalent to KRW 137,501,000 in the aggregate market price of KRW 201, AutoCAD 2006 Elecrecrecrecrecrecrecrecrecrecrecrecrecrecrecrecrecrecrecrecrecrecrecrecrec, which is owned by the program copyright in E in the office B, located in Busan, Busan, the representative director, and infringed the copyright of the above program author by allowing the employees of the above company to use the above program.

B. The Defendant (State)B violated the preceding paragraph, which is the representative of the Defendant’s business at the above temporary location.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of witness F;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. Defendant A who is selected to impose a fine;

1. Defendant A at a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. The reasons for sentencing of Article 334(1) of the Criminal Procedure Act of each of the instant order for provisional payment order shows that the departments closely related to the business of Defendant B using the program for design etc. appear to be technical department. Only when the program was used for the business of the said department, it would be likely that the use of the program would result in actual infringement of copyright, and when the program was installed on a computer used by the company, regardless of the duties of the staff who actually uses the computer.