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(영문) 서울남부지방법원 2018.06.21 2017고정1972
저작권법위반
Text

Defendant shall be punished by a fine of 300,000 won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The Defendant is a person who operates a singing practice hall with the trade name "C" in Geumcheon-gu Seoul Metropolitan Government.

No person shall infringe upon any author's property right or other property rights protected pursuant to the Copyright Act by means of reproduction, performance, public transmission, exhibition, distribution, lease, or preparation of a derivative work.

Nevertheless, around February 10, 2017, the Defendant infringed the victim’s right to property by having the victim’s association “C” play the “G” through a singing room device, where the victim’s association had the right to property.

Summary of Evidence

1. Statement by the defendant in court;

1. The president of the H’s complaint;

1. Application of Acts and subordinate statutes to a statement by the complainant's agent and a supplementary statement by the complainant's agent;

1. Article 136 (1) 1 of the Copyright Act and Article 136 (1) 1 of the same Act concerning the relevant criminal facts and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for detention in a workhouse (in cases where a sentence of suspension of execution is invalidated or revoked and a fine is not paid)

1. Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Act on the Suspension of Execution (see, e., Supreme Court Decision 2006Da1448, Apr. 1, 20

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