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(영문) 수원지방법원 성남지원 2014.05.21 2012고정765
저작권법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On August 11, 2008, the Defendant agreed not to produce and sell the same product with respect to the 44th DaVD video works, including “Sulna,” and transferred the copyright for the second DoVD works. However, around August 12, 2008, the Defendant, in collusion with the Dispute Resolution Co., Ltd. E, decided to produce and sell the same video works as the above DoVD video works, and prepared a written consent for use.

The written consent of the defendant and E entered as if E had copyright for the above DV video works, but E did not translate the above DV with respect to the above DV or additionally produce DV originals, and it was intended to create DV video works with the same contents as the defendant had already produced, as data already owned, by the defendant.

On August 2008, the Defendant infringed the copyright holder’s secondary copyrighted works by illegally reproducing and selling the DVD video works in Part 44 (hereinafter “the instant video works”) such as in the list of crimes, such as “Sula, for example,” which are copyrightd to C from August 2, 2008, in the G Co., Ltd., which had been copyrighted to C, without the author’s approval.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement made in E (fourth), I (five times), and C (five times) in the protocol of trial;

1. Statement of the police statement related H;

1. Results of the inquiry and reply to the Esdar pertaining to the company;

1. A contract for the transfer of the marketing right;

1. Content certification;

1. Details of the registration;

1. A written consent to use;

1. A written agreement;

1. Visual works and a caption closures, DVD self-samp photographs;

1. Translation and erroneous certification;

1. Application of Acts and subordinate statutes governing I's work site;

1. Article 136(1) of the former Copyright Act (amended by Act No. 11110, Dec. 2, 201) and Article 30(1) of the Criminal Act regarding criminal facts;

1. Penalty fine of 2,00,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59 of the Criminal Act of the Suspension of Sentence

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