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(영문) 서울남부지방법원 2014.02.10 2012고정2952
저작권법위반
Text

Defendant

A A shall be punished by a fine of KRW 5 million, and Defendant B shall be punished by a fine of KRW 3 million.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A is the representative director of corporation B, and the defendant B is the corporation that develops the sofet program.

1. On March 201, the Defendant, at the National Credit Union Federation of Korea, established in Seo-gu, Daejeon, Seo-gu, Daejeon. The Defendant copied the computer program called “iworks2.0 tactol”, developed by the victim iworks company, using an USB storage device, and then infringed the victim’s property right by using the reproduction “iworks 2.0” program reproduced at the foreign exchange bank computer center in the Han-gu, Seoul during the period from March 201 to July 201, 201 at the foreign exchange bank in the Han-gu, Seoul.

2. The Defendant, at the time, at the place specified in paragraph (1), infringed on the Defendant’s property right of Magman Co., Ltd. (hereinafter “victim”) with respect to the Defendant’s business.

Summary of Evidence

1. Each legal statement of witness D and E;

1. Each police interrogation protocol against the accused;

1. Each police suspect interrogation protocol regarding D;

1. Each police statement of the F, G, H, and I;

1. Investigation report (receiving the notification of the result of appraisal) and notification of the result of appraisal by the Korea Copyright Commission;

1. Investigation report ( Results of execution of a warrant of search and seizure), the J’s written statement and data on the results of search;

1. Investigation report (suspect A currency);

1. Investigation report (data submitted by a complainant);

1. Application of the Acts and subordinate statutes as a result of commissioning the delivery of documents to the company gender;

1. Article 136 (1) 1 of the Copyright Act and Article 136 (1) 1 of the same Act: Defendant B, a stock company, etc.: Selection of fines for negligence under Articles 141 and 136 (1) 1 of the same Act;

1. Defendant A who is detained in a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Judgment on the assertion by the defense counsel under Article 334(1) of the Criminal Procedure Act

1. Not more than 1.0 Mail Co., Ltd., a victim of a defense counsel's assertion;

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