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(영문) 서울동부지방법원 2013.03.08 2013고정328
저작권법위반
Text

The punishment against the Defendants shall be prescribed by each fine of KRW 500,000.

Defendant

B does not pay the above fine.

Reasons

Punishment of the crime

Defendant

B is an in-house director of A, and the defendant A is a corporation established for the purpose of engineering service business.

1. Around December 11, 2011, Defendant B, at the foregoing A office located in Seongdong-gu Seoul Metropolitan Government (hereinafter “Seoul building 403”), acquired and used the aforementioned A-type copyrighted software, 21.5 total sum of 21 illegally reproduced software owned by Autdo CAD 2007, Autdo CAD 2008, Autdo 2012, Autdo 2012, Autdo CAD 2012, Autdo 81, Autossk in ventor 81.5, A non-Abbaco cin, thereby infringing on the copyright of the said copyright owner’s computer program by acquiring and using it for the business of the said company.

2. The Defendant Co., Ltd., at the above date, at the above time and place, violated the copyright of the above copyright holder by using the reproduction computer program of the above copyright holder in business upon knowing the circumstances, as described in paragraph (1) of the said Article.

Summary of Evidence

1. Defendants’ respective legal statements

1. A complaint;

1. Statement of D police statement;

1. Application of the respective Acts and subordinate statutes of E, F and G;

1. A stock company under the applicable law on criminal facts: Defendant B under Articles 141, 136 (2) 4, and 124 (1) 3 of the Copyright Act; Articles 136 (2) 4 and 124 (1) 3 of the Copyright Act; Selection of fines;

1. Defendant B of detention in a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

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