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(영문) 수원지방법원 안산지원 2013.05.14 2013고단122
저작권법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative director of H company, the purpose of which is to design automobile parts, presses, gold-type design business, etc. in 401 of the G Building in Silung-si.

On November 7, 2012, the Defendant acquired a reproduction of the program amounting to KRW 1,144,980,00,00 in total value of the program copyright owned by AutaCAD 2006, AutoCAD 2007, 103, Autoccine Ltd., 103, and 106, as indicated in the attached list of crimes, at the above H&D office office, and used it for the above H& company’s business purpose, such as in the attached list of crimes, 43 copies of the program, the sum of which is equivalent to KRW 1,144,980,00,00, in which the Victim Inc holds the program copyright, and then acquired it.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement of the police officer to I;

1. Written Statement;

1. Current status of software use, and installation and use status of computer programs;

1. Data capturing the screen;

1. Application of Acts and subordinate statutes to investigation reports (Evidence records 194 pages);

1. Article 136 (1) of the Copyright Act (the point of infringement of copyright and the choice of imprisonment) concerning facts constituting an offense and Article 136 (1) of the same Act;

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

1. Article 62 (1) of the Criminal Act;

1. The dismissal of prosecution under Article 62-2 of the Criminal Act

1. On November 7, 2012, the Defendant, at the office of the above H company, acquired a copy of the program equivalent to KRW 24,548,200, in total of 98 fixed value of the program copyright owned by Adbebe, Microbat 9.0, a program copyright of which is owned by Adbes, Microbat 9.0, a program copyright, and used it for the said H company’s business purpose, as shown in the attached list of crimes.

2. The above facts charged are crimes falling under Article 136(1) of the Copyright Act and can be prosecuted only when a complaint is filed under Article 140 of the same Act.

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