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(영문) 대구지방법원 김천지원 2014.01.15 2013고정541
저작권법위반
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Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative director of the D Company in the old and US City C.

1. Although no one does infringe upon another person’s property rights by means of reproduction, performance, public transmission, exhibition, distribution, lending, and secondary copyrighted work preparation, the Defendant, from January 201 to January 2013, installed without permission, one program “NX8.0” with the author’s property rights, and one program “CATIV5R20” with the victim’s property rights, on computers installed in the above company’s office from January 2010 to January 2013, thereby infringing on the victims’ property rights.

2. In spite of the fact that no one acquires a reproduction of a program made in violation of the copyright of the program and uses it for business purposes, the Defendant infringed on each of the victims’ property rights by knowing that the reproduction of the program made in the computer was an infringement of the author’s property rights by the victim Microcos 7 U. K, 4 “Off Pus 2007”, 3 “Wdows XP Edit Action”, 1 “Korea 2007”, 1 “Korea-Korea-Korea-Japan company and computers,” and 1 “Korea-Japan 2010”, 1 “Korea-Japan 207”, 201, 2010”, and 1 “Korea-Japan 2010”, while being aware of the fact that the reproduction of the program was made in violation of the author’s property rights.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the police interrogation protocol of the accused;

1. Each police statement of E and F;

1. The written statement of the defendant;

1. Microfrate and four others accusation;

1. G statements;

1. Search report (109 pages of investigation records);

1. Application of Acts and subordinate statutes on the current status of the installation and use of computer programs (12 pages of investigation records);

1. The selection of fines for negligence under Article 136 (1) 1 of the Copyright Act and Article 136 of the same Act concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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