Defendant

A A shall be punished by a fine of KRW 5 million, and Defendant B shall be punished by a fine of KRW 3 million.

Defendant

A above.

Punishment of the crime

Defendant

A is an internal director of corporation B, and the defendant corporation B is a corporation that manufactures and sells Kwikset from among D located in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, Seoul.

1. On February 2018, Defendant A, at the foregoing office, infringed upon the copyright of the said copyright holder by arbitrarily reproducing the “F” program work owned by E, “H” program work owned by G, “J” and “K” program work owned by G, “J” and “K”, respectively.

2. Although Defendant B, a inside director, infringed copyright as above on Defendant’s business, Defendant B did not exercise due care and supervision to prevent such infringement.

Summary of Evidence

1. Defendant A’s legal statement

1. Each police statement of L/M;

1. A search report;

1. A complaint;

1. Documents explaining introduction and employment announcement of Company B, license certificates and software registration certificates, and each copyright company’s software program;

1. Application of Acts and subordinate statutes to a written confirmation beyond an investigation report (execution result of a warrant for search and inspection), a written confirmation as a result of software inspection, and a major program vision

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

(a) Defendant A: Article 136(1)1 of the Copyright Act (Selection of Fine);

(b) Defendant B: Articles 141 and 136(1) of the Copyright Act (Selection of Fines)

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the provisional payment order under Article 334(1) of the Criminal Procedure Act is that Defendant A used the program without obtaining a legitimate price, as such program is an important means for the business of Defendant B, even though it is an employee of H’s company.

Accordingly, the defendant operates the company.