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Reasons
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(영문) 서울북부지방법원 2018.11.16 2018고정427
저작권법위반
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The sentence of each sentence shall be suspended against the Defendants.

Reasons

Punishment of the crime

Defendant

A is a company that has been engaged in the business, such as the production of electronic management tools and the production of corporate management books, etc., and Defendant B is the representative of Defendant A.

1. On October 2015, Defendant B infringed on the right to property of the Defendant C’s work of the HS-C-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-S

2. Defendant A, at the same date and time as set forth in paragraph 1, and at a place, Defendant B, the representative of the Defendant Company, infringed the Defendant Company’s business rights of the author’s work without obtaining permission for the use of GS knex or the UNFCCC, a copyright holder.

Summary of Evidence

1. A protocol concerning the interrogation of the suspect against the defendant B by the prosecution;

1. Statement made by the police with regard to F;

1. Investigation report (Submission of documents related to the contract) and content license agreement attached thereto;

1. A certified copy of the register, the screen on which the original crops are publicly announced, the scope of exploitation of the works, the screen on which the defendant's novels are used, and the comparison data of original works, and the notices on E

1. Data to close the GS knx website and the GS knxbook;

1. Application of Acts and subordinate statutes to a investigation report (report on whether the content of the GS-Ctex Tech is permitted or not);

1. Defendant B of the pertinent Act on criminal facts: Article 136(1)1 of the Copyright Act; Article 141 and Article 136(1)1 of the Copyright Act;

1. Sentence Defendants: 300,000 won per fine; and

1. Defendant B who is detained in a workhouse: Article 70 (1) and Article 69 (2) of the Criminal Act (one hundred thousand won per day);

1. The Defendants: Article 59(1) of the Criminal Act (the degree of violation is minor, and the Defendants are limited.

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