Text
Defendant
A shall be punished by a fine of KRW 3 million, and Defendant B shall be punished by a fine of KRW 2 million.
The above fines are imposed by the Defendants.
Reasons
Punishment of the crime
Defendant
A is the representative of “D” and Defendant B is the representative of “E” corporation, and the person who plans the performance as the representative of “E” corporation.
1. The Defendants conspired with the victim’s “F” to perform the drama of “J” in the same or similar part of the drama of “G” in which the victim’s property right is derived from the victim’s “F,” and to the day from May 2, 2016 to the day from May 31, 2016 to the day from May 31, 201, thereby infringing the victim’s author’s property right by performing the drama of “J” in the Seoul Jongno-gu Seoul
2. Defendant A performed the drama in the same or similar part of the drama of “G” with the victim’s property right to “F,” as the main part of the drama of “G,” and infringed the victim’s author’s property right by performing the drama in Korea located in Nam-gu from June 24, 2016 to June 25, 2016.
Summary of Evidence
1. The Defendants’ respective legal statements
1. Each legal statement of the witness M, N, andO;
1. Application of the respective Acts and subordinate statutes to each representation and promotional materials;
1. Article 136(1)1 of the Copyright Act, Article 30 of the Criminal Act (the point of infringement of the author’s property right due to the public performance in Seoul), Article 136(1)1 of the Copyright Act (the point of infringement of the author’s property right due to the public performance in Korea), and Article 136(1)1 of the Copyright Act (the point of infringement of the author’s property right due to the public performance in Korea), Defendant B who has selected each fine: Article 136(1)1 of the Copyright Act, Article 30 of the Criminal Act;
1. A aggravated criminal defendant: the former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;