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(영문) 의정부지방법원 고양지원 2013.06.21 2012고정1121
저작권법위반
Text

Defendant

A shall be punished by a fine of KRW 500,00, Defendant B and C, respectively, by a fine of KRW 700,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. Defendant A and Defendant B are engaged in a trade business that imports pet goods from February 201 to China and Japan, and Defendant A are engaged in a distribution business that sells various kinds of goods imported by Defendant B to the pet goods site.

Defendant

A requested Defendant B to produce a photograph to be posted on the shopping mall site in which pet goods are sold after being supplied with pet goods from Defendant B. From springing around 2011 to end of 2011, Defendant B sent 26 of the photographic work that he received from the original author company in Japan to Defendant A’s e-mail. Defendant A supplied pet goods on the shopping mall site in which pet goods are supplied and distributed the above photographic work.

As a result, the Defendants conspired to distribute the above photographic works recognized as author's property rights to E, thereby infringing on the author's property rights of E.

2. From January 2012 to April 2012, Defendant C sent to the customers, without obtaining the consent of E, a photographic work that is recognized as an author’s property right at H office operated by the Defendant, a corporation operating in Yongsan-gu Seoul Metropolitan City G, Manyang-si. The Defendant sent to the customers, along with the strawing product.

Accordingly, the defendant distributed the above I's photographic work recognized as author's property right to E, thereby infringing on the author's property right of E.

Summary of Evidence

1. Defendants’ partial statement

1. Each legal statement of E in part;

1. Each photograph;

1. A shopping mall;

1. The application of Acts and subordinate statutes to copies of certificates of author's property right transfer;

1. Relevant legal provisions pertaining to criminal facts A and B: Article 136(1) of the Copyright Act; Article 30 of the Criminal Act; Article 136(1) of the Copyright Act; Article 136(1) of the same Act; Selection of fines;

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act

1. The order of provisional payment;

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