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(영문) 인천지방법원 2013.09.27 2013고정2823
저작권법위반
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

No person shall acquire any reproduction of a program made in violation of copyright of the program and use it for business purpose.

Nevertheless, around May 2012, the Defendant: (a) at the place of business “C” operated by the Defendant in Bupyeong-gu, Incheon; (b) 10 copies of the “Office2010”, a computer program work of the victim microfcit; (c) 10 copies of the “Korea-do 2010”, a computer program work of the victim Co., Ltd and computer; (d) 5 copies of the “AutaCAD2012”, a computer program work of the victim Oracle C&C; and (e) 30 copies of the “AutaD 2012”, a computer program work of the victim Patacle 20, a computer program work of the victim Patacle 2, a five copies of the “C” (a total sum of 393,380,000,000 won at the fixed price, and (e) installed a computer program work without the victim’s consent; and (e) installed it in the said place of business without the victim’s consent.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each statement of D and E;

1. Article 136 (2) 4 and Article 124 (1) 3 of the Copyright Act and the selection of fines for the crime;

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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