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(영문) 서울서부지방법원 2017.02.09 2016고정1525
저작권법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

Defendant

A is a person who operates an Internet shopping mall of the five stories of Yongsan-gu Seoul Metropolitan Government building B, and operates a computer and computer peripheral device sales company.

No person shall infringe upon any author's property right or other property rights protected pursuant to copyright crimes by means of reproduction, performance, public transmission, exhibition, distribution, lease, or preparation of a derivative work.

Nevertheless, on March 6, 2016, the Defendant infringed upon the complainant’s copyright by not purchasing “widows 7” program “A” and selling reproduced programs to a computer for sales purpose, without purchasing license, at the above C sales store, which is a computer operation system that has exclusive copyright in microfrate C sales company. In addition, the Defendant infringed the complainant’s copyright by placing the reproduced program in a computer for sales purpose and selling it in 650,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. The screen by cutting off the Windows OS installation information to the upper end;

1. Screening pictures after capturing Micsoft Offic establishment information;

1. Computer photographs purchased;

1. Application of Acts and subordinate statutes to report on investigation (Submission of data, such as recording of the complainant representative);

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

1. Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act to increase concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act (a) of the suspended sentence (a case in which the defendant and the victim agreed with and thereby the victim does not want the punishment of the defendant, and the defendant committed an act for the purpose of profit-making, this case constitutes a crime of false accusation pursuant to the proviso of Article 140 and subparagraph 1 of the Copyright Act.

After this case, all circumstances, including the fact that there is less possibility of recidivism in the future by entering into a product supply contract for the relevant program between the defendant and the victim

1. Penalty fine of 1,00,000 won to be suspended, and one hundred thousand won to be converted per day;

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