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(영문) 인천지방법원 부천지원 2017.08.24 2017고정129
저작권법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative of C Company.

On November 2015, the defendant made and sold a mobile phone case using "E", a work of the victim D Co., Ltd., without permission, from the company it operated, and infringed on the victim's author's property right.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A protocol concerning the examination of the police officers of the accused;

1. A complaint, a certificate of all the registered matters, a certificate of publication of the work, a screen of the work, a mobile phone application, data on mobile phone use, H site information, a work-based domain information, a work-based file, a written contract for the transfer of property right, a contract on the site he/she received, the terms and conditions of the site that he/she received, the author's marking file, a creative can can file to him/her, a printed output of the work for sale, and an image output of the package [the creation of this case is a pattern that the defendant is not the work of the complainant, but the work of this case, but the criminal use of

According to the above evidence, the creation of this case was completed on October 17, 2003 by the KG for the first time and on March 20, 2006, and acquired copyright by publishing it to H, “E” as the title “E” around March 20, 2006.

The victim may exercise the copyright by acquiring all of the copyright, etc. of the G LAD in October 2008.

The defendant is judged not to be exempted from liability for reproduction of the author's property right as long as the author has received free image marked by the author in China (J) at the site called I, a site stating that he/she does not assume any responsibility related to the copyright.

Therefore, the defendant's defense counsel's assertion is not accepted.

Application of Statutes

1. Article 136 (1) 1 of the Copyright Act and Article 136 (1) 1 of the same Act concerning the relevant criminal facts and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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