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(영문) 서울동부지방법원 2019.02.12 2018고정1295
저작권법위반
Text

Defendant

A shall be punished by a fine of KRW 3 million, and Defendant B shall be punished by a fine of KRW 3 million.

Defendant

A above.

Reasons

Punishment of the crime

1. No person who has acquired a reproduction of a program made in infringement of copyright of the program for business purpose by a person who has acquired it with the knowledge of such fact;

Nevertheless, around May 17, 2018, the Defendant infringed upon D’s copyright by allowing employees to use E program made by infringing D’s copyright at the office B located in Songpa-gu Seoul Metropolitan Government Office.

2. Around August 17, 2016, Defendant B, a corporation established for the purpose of civil engineering work, etc. in Jeonyang-do, Jeonyang-do, Inc., and A, the representative director of the Defendant, infringed the Defendant’s copyright as described in paragraph (1) in relation to the Defendant’s work.

Summary of Evidence

1. Defendant A’s legal statement

1. The police statement concerning G;

1. Application of Acts and subordinate statutes of the Written Inspection

1. Article 136 (2) 4 and Article 124 (1) 3 of the Copyright Act; Defendant A who selects a fine: Articles 141, 136 (2) 4 and 124 (1) 3 of the Copyright Act; Selection of a fine: Articles 141, 136 (2) 4 and 124 (1) 3 of the Copyright Act;

1. Defendant A: The amount of fine prescribed in the summary order does not seem to be excessive in light of the following: (a) the Defendants’ reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act’s background and duration of the use of the program, the number of computers used, the type and number of programs used illegally, and the degree of criminal punishment in the same kind of case.

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