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(영문) 부산지방법원 2016.03.18 2015고정4455
저작권법위반
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who manages "C" as a repair business entity maintaining computers and peripheral devices.

No infringement shall be done by means of reproduction, performance, public transmission, exhibition, distribution, lending, or preparation of a derivative work of author's property rights or other property rights protected pursuant to the Act.

The victim posters Co., Ltd. shall develop a computer remote control program through the Internet and hold the copyright of the computer program, and if the company uses the program or uses it for profit, it shall pay the user fee to the victim.

Nevertheless, the defendant did not pay the user fee without permission to use the above program for the maintenance and repair work of his computer system.

1. On May 2, 2015, around 18:52, the Defendant arbitrarily connected the above program from Suwon-gu D, Busan, and the six-story E branch, and used the said program for business purposes.

2. On May 28, 2015, around 21:39, the Defendant arbitrarily connected the said program at the medical center of the Seo-gu Busan National University, Seo-gu, Busan National University, 3, Dongdae-dong, Busan to use the said program for business purposes.

As above, the Defendant infringed the victim’s right to property of the said computer program by reproducing the said computer program without permission.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. The legal statement of F and G;

1. A protocol concerning the examination of the suspect of each police officer against the accused (including cross-examination);

1. Statement made by the police with regard to F;

1. A copy of the confirmation of the fact prepared by the defendant, a copy of the business registration certificate (C), a copy of a reply given to the preparation of the president of the medical care of the relevant university, and a criminal investigation report (to hear statements from the counter of the head of the E

1. A copy of program registration certificate and closures on the victim company website;

1. Composition degree of distance control network, the details of access to the medical center of East Asia University, the suspect AP access details, AP Access (H. and I);

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