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(영문) 서울중앙지방법원 2016.11.23 2016고정1702
저작권법위반
Text

Defendants shall be punished by a fine of KRW 3,000,000.

Defendant

B If the above fine is not paid, 100.

Reasons

Punishment of the crime

Defendant

B is the representative director of corporation A in Gangnam-gu, Seoul, and Defendant A is a corporation established for the purpose of private teaching institute operation business, etc.

1. On March 2012, Defendant B: (a) selected “I” owned by G and H as the main teaching material of lectures; (b) opened a lecture by creating a lecture in the form of cutting or simple cutting of the content of the publication of the main teaching material without the consent of the copyright holder; and (c) distributed the Internet dynamic teaching material provided for the students as a fee to the students, thereby infringing on the copyright holder’s property right for profit-making purposes, from that time to April 2016, the Defendant opened a lecture by creating a lecture for reproduction without the consent of the copyright holder as described in the attached list of crimes; and (d) distributed it as the teaching material of the Internet dynamic image that provides the students with a fee to the students, thereby infringing on the author’s property right for profit-making purposes.

2. The Defendant A, a representative of the Defendant, infringed on the author’s property rights of the copyright holder, as set forth in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of the witness J, K and L;

1. Content certification, the second comparison table, each original author's reproduction of each original author's publication vs lecture, each original author's publication, and the application of the Acts and subordinate statutes on each lecture;

1. Article 136 (1) 1 and Article 140 subparagraph 1 of the Copyright Act; Article 141 and Article 136 (1) 1 of the same Act; Article 146 (1) 1 of the same Act; Article 140 subparagraph 1 of the same Act;

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act; and

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

1. Defendants of the provisional payment order: each of them.

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