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(영문) 수원지방법원 안양지원 2018.03.22 2016고정944
저작권법위반방조
Text

Defendants shall be punished by a fine of KRW 2,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

A person who acquires a reproduction of a program created by infringing a program copyright shall not use it for business purposes.

1. The Defendant, as the representative director of the company B, engaged in the business of manufacturing communications devices, acquired the reproduction of the “L” program created by H, an employee of the said company, by infringing on the I’s program copyright on or around September 16, 2015, and used it for business purposes, acquired the reproduction of the “L” program created by K, an employee of the said company, by infringing on the I’s program copyright on or around September 16, 2015, and used it for business purposes. The Defendant, as an employee of the said company, acquired the reproduction of the “L”) program created by infringing on the I’s program copyright on or around September 16, 2015, using it for business purposes, and aiding and abetting the said company’s act of infringing on the I’s program’s copyright by facilitating the use of the program’s reproduction.

2. Defendant B, a corporation established for the purpose of manufacturing communications equipment, etc., and committed an act in violation of the Copyright Act as described in paragraph (1) above, which is the representative of the Defendant Company A, the employees of the Defendant Company, H, K, M, and N.

Summary of Evidence

1. Part of the Defendants’ legal statements

1. Legal statement of witness P;

1. A certificate of software registration;

1. Submission of copyright explanatory materials;

1. Investigation report (report on the result of execution of a warrant of search and inspection);

1. Determination as to the Defendants and their defense counsel’s assertion by cutting down the current status of use by PC and the screen screen of SW

1. The instant search and inspection procedure against the Defendants is not conducted by the special judicial police officer who received a search warrant, but by the special judicial police officer.

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