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(영문) 춘천지방법원 원주지원 2019.08.20 2019고정135
저작권법위반
Text

Defendant

A shall be punished by a fine of 2,00,000 won, and a corporation B shall be punished by a fine of 1,00,000 won.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

Defendant

A is the representative director of Defendant B.

1. Defendant A infringed the copyright of the copyright holder by arbitrarily reproducing and using the “E” program work, the victim D’s copyright holder’s copyright, from November 2018 to February 2019, in the original city of the Republic of Korea, from November 2018, to February 2019.

2. Defendant B Co., Ltd. violated the victim’s copyright in relation to the defendant’s business as above.

Summary of Evidence

1. Defendant A’s legal statement

1. A statement prepared in F;

1. A complaint;

1. Investigation Report (as to the confirmation of the establishment of “E” program within Company B)

1. An investigation report (with respect to the submission of a suspect's written estimates and acquisition of licenses in 2012);

1. Application of Acts and subordinate statutes to investigation reports (suspect A telephone statement hearing);

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; selection of fines

B. Defendant B; each of the main sentence of Article 141 and Article 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 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are as follows: (a) the Defendants agreed with the copyright holder on June 28, 2019 (the Defendants’ use of commercial programs for profit-making purposes does not constitute an offense subject to prosecution); (b) the Defendants purchased and used the past copyright holder’s program (the program) and used; (c) the Defendants have no record of committing the same kind of crime; and (d) the Defendants’ age, character and behavior, environment, motive and background of the crime; and (e) other circumstances constituting the conditions for sentencing as shown in the argument of the instant case, including the circumstances after the crime, etc., shall be determined as ordered by the

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