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(영문) 대구지방법원 2014.06.12 2014고정803
저작권법위반
Text

Defendants shall be punished by a fine of KRW 4,000,000.

Defendant

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

Reasons

Punishment of the crime

1. Defendant A is the representative director of “B” corporation located in the Dong-gu, Daegu-si, Dong-gu, Seoul.

Although anyone should not copy another person's program copyright without legitimate authority and infringe the copyright of the defendant A without legitimate authority, he illegally reproduced five copyright companies, such as Korean and computer companies, 218 computer programs in the above corporation B office from the second half of 2005 to December 4, 2013, and used the computer program equivalent to 46,498,700 won for business purposes in the above office.

2. Defendant B Co., Ltd. is a corporation established for the purpose of clothes design and wholesale and retailing.

Defendant

A Co., Ltd. has a duty of care to ensure that the above defendant A does not infringe the program copyright in relation to the business of the defendant corporation at the same time and place as above.

Nevertheless, the defendant neglected this and committed an act violating the Copyright Act.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D, E, and F;

1. G Fact-finding certificates;

1. Application of Acts and subordinate statutes on the current status of installation and use of computer programs;

1. Article 136 (1) 1 of the Copyright Act; Article 136 (1) 1 of the same Act; Article 141 of the same Act; Article 136 (1) 1 of the same Act;

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

1. Defendant A at a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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