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(영문) 전주지방법원 2018.03.29 2018고정37
저작권법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No infringement shall be done by means of reproduction, performance, public transmission, exhibition, distribution, lease, or preparation of secondary copyrighted works, of property rights or other property rights protected pursuant to the copyright law.

Nevertheless, on November 11, 2012, the Defendant posted a part of “F,” which is a literary work of each victim, to “D” and “E,” under the title “D” and “E,” and violated the victim’s author’s property right by placing it in a state of public use by April 6, 2017.

On March 6, 2008, the prosecutor applied for permission of modification of an indictment to delete the criminal facts from the third trial date, and this court permitted it.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Application of the statutes governing photographs posted by the defendant on the Internet camera;

1. Article 136 (1) of the Copyright Act and Article 136 of the same Act concerning facts constituting an offense, the selection of fines, and the selection of fines;

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

1. The defendant's assertion and judgment on Article 334 (1) of the Criminal Procedure Act

1. The gist of the assertion is that the Defendant received one copy of a book drawn up by the victim in around 2000, and based on this, published a book in around 2001 and delivered one copy of the book to the victim, but the victim did not seem to have any special response thereto, and accordingly the victim implicitly allowed the use of his/her work to the Defendant.

Based on its judgment, I did not intend to infringe copyright because I written on the Internet as described in the facts charged of this case on the basis of their post-publications.

2. The following circumstances acknowledged by the evidence duly adopted and investigated by this Court, namely, ① the victim was the defendant for the execution of the defendant’s right to ask for the “one book that the victim prepared,” at the investigative agency and this court, and on the basis of this, the defendant’s book is efficiated.

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