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(영문) 대전지방법원 2017.05.24 2017고단953
저작권법위반
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[Basic Facts] Defendant A was a foreigner of Chinese nationality in around 2005, established the “C Limited Construction Work” at the top of China in around 2005, and then supplied, and sold, in China, ran-to-land business machinery used in the indoor golf practice course in Korea. Since then, Defendant A continuously sold golf-related products, such as those supplied with heavy-to-low-water golf products in Korea (name of a product: golf-to-gol, wave, golf, alphre, EX-wing, etc.) and selling them to China.

On the other hand, the injured party golf-related company sold a golf 200 square meters and operated a separate game server, a bowling server, and a database server. The injured party's golf-related company confirmed the unique code number and 'Developer Ky' information stored in a golf 200 square meters sold or distributed in the middle and high level through a game server linked to a golf 200 square meters, and the buyer purchased in advance and accumulated in the buyer ID (1R capital = KRW 1 won) with the golf type selected by the golf user in the course selected by the victim company (a model GS-VION) and continuously sold the program from February 2, 2012 to the domestic market, and from June 2, 2013 to China, and continuously sold the program.

【Criminal facts” in collusion with the Non-name (Presumption of “D”), the Defendant, around June 2016, acquired a golf Formula 1 program, data, and hardware-dong software (software : 123.2.0.0.0.0.611; hardware HW : 0.405.3463) which has copyright to the victim company, in an irregular manner, can independently act without linking with the game server, etc. among related programs.

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