logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 서부지원 2020.06.30 2019고단2417
저작권법위반
Text

Defendant

A Imprisonment for four months, and Defendant B shall be punished by a fine of three million won.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a corporation established for the purpose of manufacturing construction machinery, and Defendant A is a representative director of the above corporation who exercises overall control over the business of the corporation.

No person shall, without legitimate authority, infringe upon another person's author's property rights or other property rights protected pursuant to the Copyright Act by means of reproduction, performance, public transmission, display, distribution, lease or preparation of a derivative work.

1. Nevertheless, around June 5, 2015, Defendant A, at a corporation B office located in the Seo-gu Busan Metropolitan City, the victim “D” illegally reproduced “E”, a computer program in which the victim “D” had copyright, and had the employees of the said corporation use it for work, thereby infringing on the victim’s author’s property rights, including infringement of the victim’s property rights, and infringed on the victims’ property rights by reproducing the victims’ copyrighted works 27 times in total as shown in the attached list of crimes.

2. Defendant B, as indicated in the [Attachment] List of Crimes Nos. 4 through 27, the representative director A infringed on the victims’ property rights in relation to the Defendant’s work.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police of the F;

1. A written statement of the G production;

1. Each complaint;

1. Certification certificates for each software registration, and certificates of software sales and contract performance;

1. Application of Acts and subordinate statutes to the status of use by PC, software, software installation and use status of complainants installed on computers, investigation reports (execution of warrant of seizure, search and inspection);

1. Defendants: pertinent legal provisions on criminal facts and the choice of punishment: each of the Defendants is governed by Supreme Court Decision 2008Do7834 Decided September 9, 2010, respectively. Articles 136(1)1 and 136(1)1 of the Copyright Act (as a whole, Defendant A’s choice of imprisonment)

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: Article 62(1) of the Criminal Act;

arrow