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(영문) 수원지방법원 성남지원 2014.06.13 2014고정576
저작권법위반등
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On March 20, 2013, around 18:50 on March 20, 2013, the Defendant threatened the victim upon the request of the victim D, who is an employee of C, a stock company, to delete the Defendant’s product photograph by telephone from the Defendant’s Internet homepage, who is being used on the Defendant’s Internet homepage, saying, “Chewing. He knows the C president’s office. He will not take any note of it.” The Defendant threatened the victim by saying, “I will not put the products in front of the C exhibition hall.”

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of each statute on filing of a complaint;

1. Relevant Article of the Criminal Act and Article 283 (1) of the Criminal Act concerning the selection of punishment;

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. Of the facts charged in the instant case, the Defendant engaged in the production of gardening products with the trade name “E”, and around May 2012, at the office of “E” located in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-gu, Seoul, the Defendant posted the mallera, the table, photo, etc. of “E” on the Defendant’s Internet homepage (E) and the Internet Gmarket site (www.gmke.co.k.) without obtaining permission from G, thereby infringing on G’s copyright.

2. The defendant asserts that contents of the defendant's assertion are not copyrighted works protected under the Copyright Act.

3. According to the health stand, the police interrogation protocol of the defendant, and each photograph attached to each complaint, as to whether the defendant's photograph of his/her product, such as Madra, posted by the defendant is a work protected under the Copyright Act, it can be acknowledged that the photograph of his/her product, such as Madra, etc., posted by the defendant, is a photograph photograph of Madra,

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