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(영문) 대전지방법원 2015.02.04 2014고정2039
저작권법위반
Text

1. Defendant B shall be punished by a fine of 700,000 won and a fine of 300,000 won, respectively.

2. The above fine is imposed on the Defendants.

Reasons

Punishment of the crime

No one shall infringe upon author's property right or other property rights protected pursuant to the Copyright Act by means of reproduction, performance, public transmission, exhibition, distribution, lending, or production of derivative works. Defendant B is a person who operates “D” at Daejeon Dong-gu Daejeon and Defendant A works as an employee under the above “D”.

On February 24, 2014, the Defendants conspired to sell the so-called “dye radio” to unspecified customers at least 35,000 won per unit, as indicated in the list of crimes in the attached Table, such as “H,” which the representative of the victim E,” the sound source of 16 in total, without permission, and the so-called “dye radio” that is capable of listening to music by inserting it into the same, as indicated in the list of crimes.

Summary of Evidence

1. Defendants’ respective legal statements

1. A letter of complaint of F (a letter of business registration, statement of card, field photograph, confirmation, and the number of complainants recorded in SD cards);

1. Application of Acts and subordinate statutes to the submission of reference materials (register of neighboring rights);

1. Defendants: Article 136 (1) 1 of the Copyright Act (Selection of Fines) concerning criminal facts and the choice of punishment;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day);

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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