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(영문) 서울중앙지방법원 2016.06.29 2015고정973
저작권법위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant, while carrying on a “B” franchise business, which is a service that enables the Defendant to learn in smartphones, has provided a large amount of learning contents by reproducing and sharing existing language teaching materials, and has expressed his/her intention to recruit franchise stores by publicizing them.

On January 12, 2013, the Defendant appears to have written indictments on January 16, 2013 in light of the list of crimes in the attached Form.

From September 2, 2013 to September 2, 2013, at the D Language Institute operated by the Defendant, which copied the teaching material of “TPPS”, a corporation E.C.’s copyrighted work, into a teaching material file for smartphone learning, and then, it transmitted it to B server as indicated in the attached list of crimes, thereby infringing the copyright holder’s reproduction right and public transmission right.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Recording of the witness G statements in the fifth public trial records;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. A protocol concerning the examination of suspect of H by the prosecution;

1. Attachment of logs, records, etc.;

1. Application of Acts and subordinate statutes to investigative reports (to attach screen pictures submitted by an complainant);

1. Relevant Article 136 (1) 1 of the Copyright Act and the selection of fines for offenses; and Article 136 (1) 1 of the same Act;

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

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;

1. Article 186 (1) of the Criminal Procedure Act bearing Costs of Trial;

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