208 Highest 2104 Violation of Computer Programs Protection Act

김○○ ( I■■■■■■■■■■■■ ), 무직

The residence of Namyang-si and the Eup Dolle 0

Ham-gu, Hamyeong-gu, Hamyeong-ri ○

Mobile Constitution

June 8, 2009

A defendant shall be punished by imprisonment for not less than eight months.

One day of detention before this judgment is rendered shall be included in the above sentence.

The number 2, 126 of Albate 2, 126 (No. 1, 3 of the list of seized articles in Seoul Southern District Prosecutors' Office No. 827), d Sti 800, dsti 200 (No. 1, 2 of the list of seized articles in Seoul Southern District Prosecutors' Office No. 1325) shall be confiscated from the defendant.

Facts of crime

The Defendant is practically operating ○ trade.

In order to prevent the use of illegally reproduced game software, the following technical protective measures were taken on the DaS game software apparatus and knife (game software is stored in the knife, not in the knife, inserted the knife into the main body of the DS game machine, and then the knife of the game software):

In other words, ROM for cambling is three od (Noral Mode), Catde and game Mod (Game Mode). In other words, MOM is engaged in the process of reading registered data in the ROM stored in Modles at Modles and reading NOM data in the NOM, and the CRC of registered data in the ROM becomes a prescribed value, and it is carried out in the process of sending an order encrypted at the ROM, and it is possible to ordinarily interpret the order encryptedd in the MOd, screen the data, and supply them to the main body of the DS game instead of normal screen, and in the case of the MO game, it is not possible to use each part of the POM in the whole or in part of the MO game, each of the above is made in the shape of the MOM, and it is not possible to use each of the POM in the shape of the PO.

그리고 시큐리터 체크를 위한 하드웨어적 장치로서, 닌텐도 정품 게임카트리지의 회로 중에는 시큐리티 회로 ( Security Circuit ) 가 포함되어 있는데, 시큐리티 회로는 게임모드에서 난수를 생성해서 명령을 디스크램블하고, 시큐어 모드 및 게임 모드에서 데 이타를 스크램블하는 스크램블 회로 ( Scramble Circuit ), 시큐어 모드에서 암호화한 명령을 복호화하기 위한 드크립트 회로 ( Decrypt Circuit ), 일련의 명령을 처리하는 커멘드 시퀀서 ( Command Sequencer ) 로 구성되어 있다 .

The Defendant determined that a large amount of profit would be made if he imports and sells a game software for the purpose of using it in the main body of the game machine, and that the Defendant would be able to import and sell it in China and Hong Kong. However, R4 and DST are stored in the area of Baot Seg Management located on the ROM road map of each cart store, and it contains an NACT circuit that can pass through all the visual screening procedures of the NAS game machine, and thus, the Defendant’s technical protection measures are circumvented.

On December 13, 2007, the Defendant imported 4,00 Da4 cart 1,00 from the Kimpo Airport located in Gangseo-gu Seoul Airport as an importer of ○○ trade, as well as R427,620 and 4,620 as indicated in the attached list of crimes.

As a result, the Defendant imported devices that circumvente the technical protection measures of the victim company by such a method as above.

Summary of Evidence

1. Entry of the accused in part of the first protocol of trial (imported facts);

1. Each legal statement made by the witness on the ○○○○ and full ○○○;

1. Statement made by the witness ○○ in the fourth trial record; and

1. Written statements on March 5, 2009

Application of Statutes

1. Article applicable to criminal facts;

Articles 46(1)3 and 30(2) of the Computer Programs Protection Act (in all together, choice of imprisonment);

1. Inclusion of days of detention in detention;

Article 57 of the Criminal Act

1. Confiscation;

Judgment on the defendant's argument under Article 48 (1) 1 of the Criminal Act

The Defendant issued a plan to import and sell eggs and DNA without containing an illegal game program, and then asked attorneys and patent attorneys about whether there is a legal problem. They did not at all, but there is no problem of Albi and Esti, and advise that if you sell an e-mail card reproduced illegally, then it would be a problem. The Defendant did not have the awareness of illegality. In the case of an e-mail game, the Defendant did not have the awareness of illegality. In the case of an e-mail game, it is impossible for Albi and Esti to read the data of music or film or video, other than the e-mail mold, and it is necessary for Albi to use the data of the e-mail in addition to the old operation of the illegal software, but it is an essential method for Albi to use the data of the e-mail in addition to the use of the rights of copyright holders, it is argued that it would contribute to improving the basic principles of the Copyright Act by promoting the fair use of the rights of copyright holders as well as the right of copyright holders.

However, in light of the fact that most of the persons who purchase Alba or Esti in this court stated that the Defendant was aware of the fact that the Defendant used Alba or Esti in order to seek an illegally reproduced game program, it cannot be deemed that the Defendant did not have any awareness of illegality, and the user who purchased Alba or Esti can read non-infringed data using it.

Even if you were to do so, insofar as we were manufactured and imported in order to circumvent the technical protection measures of Alba dyna dyna dyna dyna dyna e.g., the above facts cannot justify the Defendant’s criminal facts of this case.

Therefore, the defendant's above assertion cannot be accepted.

Judges Esung Young-young