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(영문) 광주지방법원 2018.12.19 2018고정965
저작권법위반
Text

Defendants shall be punished by a fine of KRW 4,000,000.

Defendant

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

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a corporation established in Gwangju Mine-gu for the purpose of electronic parts manufacturing and gold-type manufacturing, etc., and Defendant A is the representative director of Defendant B.

1. No defendant A shall infringe upon any author's property right or other property rights protected pursuant to the Copyright Act by means of reproduction, performance, public transmission, public transmission, exhibition, distribution, lease, or preparation of a derivative work;

Nevertheless, from November 8, 2017 to May 11, 2018, the Defendant: (a) at the foregoing office of the said corporation; (b) at the victim C&C software’s office, at the victim’s computer program work, the victim’s C&C software’s copyright; and (c) at the victim’s computer program work, the victim’s damage to the victim’s copyright, the victim’s copyright; and (d) at the victim’s discretion, the victim’s copyright was used without the consent of the victims.

2. Defendant B, a representative director of the Defendant, did not perform due care and supervision to prevent the violation, even though he infringed on the copyright of the victims by the same method as the date and time set forth in paragraph (1) in relation to the Defendant’s business at the place set forth in paragraph (1).

Summary of Evidence

1. Defendants’ legal statement

1. A written statement;

1. Certification of software registration, Auto CAD license certification, the current status of the installation and use of computer programs, and the application of statutes of the verification protocol;

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

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 on the confinement of a workhouse (Defendant A);

1. The first offender who has no record of criminal punishment for the sentencing of Article 334(1) of the Criminal Procedure Act, and the Defendants have the intent to use only 2D programs among the Mick Camp Program.

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