logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2014.02.20 2012고정511
저작권법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

From September 2009 to August 2010, the Defendant had access to D Co., Ltd.’s office in Seocho-gu Seoul, Seoul, to the Internet “D” website using computers, and published the said books through the publication of books by inserting the contents, such as pictures, detailed decomposition of products, etc., a compilation work in D Co., Ltd., as described in Nos. 2, 4, 5, 9-14 of the List of Crimes, as shown in attached Table 2, 4, 5, 9-14, on the screen without permission of a copyright holder.

Accordingly, the Defendant infringed on the copyright of the said copyright holder by reproducing the copyrighted work and drawing up the derivative copyrighted work.

Summary of Evidence

1. Partial statement of the defendant;

1. Statements made by witnesses H and I in the fourth protocol of the trial;

1. Application of Acts and subordinate statutes on police statements to I;

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

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. The summary of the facts charged is as follows: (a) the Defendant, at the time, at the place, and in the place, as indicated in the above facts charged, as indicated in the table of crime Nos. 1, 3, 6, 7, and 8, in which the content of the screen of the above company’s website, which is a compilation work copyright in D Co., Ltd., without permission of the copyright owner, was sealed in the “E” and “F” books, thereby infringing on the copyright of the above copyright owner by publishing the said books through G through reproduction and secondary copyrighted work.

2. Determination

A. Article 28 of the Copyright Act provides, “A work already made public may be quoted for news reports, criticism, education, research, etc., in compliance with fair practices within the reasonable scope.”

In order to fall under the above provisions, the purpose of the quotation shall not be limited to news reports, criticism, education, and research, but the "justifiable scope of the quotation" shall be limited.

arrow