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(영문) 울산지방법원 2015.11.20 2014고정1211
저작권법위반
Text

Defendants shall be punished by a fine of KRW 2,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is the B representative director located in the building in Ulsan Nam-gu Seoul Metropolitan Government.

Defendant

B Co., Ltd. is a corporation established for the purpose of building and civil engineering and engineering services in building in Ulsan Nam-gu.

No person shall infringe on author's property right by means of reproduction, public performance, public transmission, exhibition, distribution, lending, or production of a derivative work.

Nevertheless, Defendant A infringed on the author’s property right of the copyright holder three times in total by reproducing the EF program, the copyright holder, without permission of the copyright holder, in the case of B Co., Ltd. located in Ulsan-gu D Building on July 29, 2013, October 2, 199, and October 17, 2017. Defendant B Co., Ltd, the representative director of the Defendant’s business, committed the above act.

Summary of Evidence

1. Each legal statement of witness G, H and I;

1. Protocol of examination of the witness to J;

1. The police statement of K;

1. Certificates of software registration, confirmation marks as a result of inspection, and current status of use by PC;

1. Full certificate of matters to be registered (including matters to be cancelled);

1. Application of Acts and subordinate statutes on search records;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 136(1)1 of each Copyright Act, and the choice of fines

(b) Defendant B corporation: Articles 141 and 136(1)1 of the Copyright Act

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act; and

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

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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