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(영문) 서울동부지방법원 2015.04.10 2015고정349
저작권법위반
Text

Defendants shall be punished by a fine of KRW 4,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is an auditor of Seongdong-gu Seoul Metropolitan Government and B, who actually operates B after registering D as a representative director, and the defendant corporation B is a corporation established for the purpose of civil engineering and civil engineering development and research.

1. From November 2012 to September 24, 2014, Defendant A: (a) at the office of a stock company B from around November 2012 to around September 24, 2014, the Defendant: (b) 41 program “Acrobat in the language system business,” which was made by infringing copyright without the consent of the copyright holder; (c) 3 program of “photospop”; (d) 46 “photospop” program; (d) 49 program of “widow” program; (c) 48 program of “Korea” program with Korean computers; (d) 27 program, such as “Acrop” program; and (d) 39 program of Sabyps; and (d) 296 reproduction of the said program to the employees of the copyright holder of the said company, respectively, infringed on the copyright holder’s work.

2. Defendant B, at the above time and place, infringed upon Defendant B’s copyright of computer program as above in relation to the Defendant’s business, who is the Defendant’s auditor and actual operator.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to E by the police;

1. A complaint, a statement of a complainant's agent, and a report on illegal software;

1. Copy of business registration certificate;

1. Application of Acts and subordinate statutes to personal search results (the results of personal search) and current status of installation and use of computer programs (the results of verification, such as the quantity of installation, fixed quantity, reproduced quantity, etc.);

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 136(2)4 and 124(1)3 of the Copyright Act (Selection of Fines);

B. Defendant B: each copyright law.

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