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(영문) 대구지방법원 2015.06.26 2015고정995
저작권법위반등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one of the 2015 Highis 995 shall infringe on author's property rights or other property rights protected pursuant to the Copyright Act by means of reproduction, performance, public transmission, exhibition, distribution, lease, or preparation of secondary works.

Nevertheless, on June 2014, the Defendant infringed on the victim E’s copyright by putting the victim E’s copyrighted works of an agricultural product, al, al, and bits for the purpose of a product publicity photograph, in the detailed page of the product sales of the online agricultural products shopping mall “C” and “D” site from No. 102 of the Gyeongsan-si Building B, Busan-si, the Defendant without permission.

On July 22, 2014, at around 00:39, the Defendant: (a) written the comments “H” on G’s Internet Brog, in writing, “W” on the Internet Brog, “W”, written on the frog, “W, not end in Web E,” and written written written applications for punishment, ten (10) persons who written written written written written written written written applications for E, and (b) the full bad faith.”

Summary of Evidence

"2015 Goi95"

1. Defendant's legal statement;

1. A suspect interrogation protocol of the prosecution concerning G (including the statement of the E);

1. Each police statement to I and E;

1. Original copy of a photographic work and closure data of a stolen site “2015, 996”;

1. Defendant's legal statement;

1. A protocol of suspect examination of G police officers;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes concerning a course of closure of each blog;

1. Article 136 (1) 1 of the Copyright Act (the point of infringement of copyright by means of exhibition), Article 311 of the Criminal Act, and the selection of a fine, respectively, for the crime;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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