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(영문) 부산지방법원 2015.08.26 2015고정1457
저작권법위반
Text

1. The defendant shall be punished by a fine of one million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates a D who develops and produces functional paints.

On April 2012, the Defendant agreed to engage in the business of selling paint, functionality “E” and “F,” and requested the said F F F’s advertising balloon production to E at the same time, the Defendant provided the F’s “H” image 1, the work of the victim G, and four photographs of the process of construction to sell the victim’s “I” in the trade name, and provided the victim’s five copies of the above work for the production of F.M.

E, around June 2012, by requesting a design company located in a French site to produce a F Advertising Pamp in a way that they use five points of the above work as they are, and the above Defendant distributed the produced Pampling to its customers, etc.

Accordingly, the defendant infringed the victim's property right.

Summary of Evidence

1. Legal statement of witness G;

1. Examination protocol of the accused by the prosecution (including the substitute part);

1. Police suspect interrogation protocol regarding E;

1. A complaint;

1. The application of the investigation report (including the submission of a confirmation of facts by the copyright owner), investigation report (the determination of whether the photograph of this case is a work) statute

1. Relevant Article 136 (1) 1 of the Copyright Act concerning facts constituting an offense and Article 136 (1) 1 of the same Act concerning the selection of punishment;

2. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

3. It is so decided as per Disposition for the reason under Article 334(1) of the Criminal Procedure Act above.

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