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(영문) 수원지방법원 안산지원 2019.05.24 2019고정165
저작권법위반
Text

Defendants shall be punished by each fine of KRW 5,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is the representative director of Company B, and Company B is a corporation established on October 11, 2016 and established for the purpose of civil engineering and measurement services and wholesale and retail business.

1. From the date when Defendant A’s date is unknown to July 12, 2018, the Defendant infringed on the copyright of the program copyright holder by illegally reproducing a program or a license agreement, as shown in the list of crimes in attached Table 2010, E 18, E 2014, E 5, E 2018, F 2018, F 1, G 2010, G 2009, G 2011, G 2011, G 2016, G 2016, G 3, and H 12-type 51 program (total market value 116,274,080).

2. The date and place mentioned in paragraph (1) of this Article, A, the representative director of the defendant, committed the above violation in relation to the defendant's business.

Summary of Evidence

1. The defendant A's partial statement

1. The suspect interrogation protocol of the defendant A by the police;

1. Statement of the police officer to I;

1. Complaints and certificates of software registration;

1. In light of the investigation report (the result of execution of a warrant of search and inspection), investigation report (the price confirmation of computer program fixed), and (the fact that only some of the employees used the relevant program, purchased and used a high-priced program necessary for their duties, and provided education to the employees, the Defendant Company B fulfilled the duty of care. However, in light of the result of execution of a warrant of search and inspection and the statement made by Defendant A and I at the investigative agency, it is difficult to recognize that Defendant Company B fulfilled the duty of care to prevent the violation of copyright by its employees. The above argument is rejected). The above argument

1. Article 136 (1) 1 of the Copyright Act, Defendant A who is entitled to a fine, and Defendant A who is entitled to a fine: Each copyright law.

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