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(영문) 대전지방법원 2013.11.29.선고 2013고정2002 판결
저작권법위반
Cases

2013 High Order 2002 Violation of the Copyright Act

Defendant

1. A representative of Kim○-○ or ○○○○ Incorporated Company;

2. ○○○ Incorporated Company

Representative in-house director Kim○○

Prosecutor

The number of vehicles (prosecutions), the largest number of vehicles (public trial)

Imposition of Judgment

November 29, 2013

Text

Defendants shall be punished by fine of KRW 3,00,000.

When Defendant ○○ does not pay the above fine, Defendant 50,000 won shall be confined in a workhouse for the period calculated by converting the amount of KRW 50,00 into one day.

To order the Defendants to pay an amount equivalent to the above fines.

Reasons

Criminal History Office

1. On March 25, 2013, at the office of the OOO corporation, located in Sejong Special Self-Governing City, Defendant Kim○○, the copyright holder of which was ① “Identification, Alice,” etc., the file transmission program of the victim Emps Co., Ltd. ② The victim Emps Co., Ltd. (“V3 lite, ③ The victim Co., Ltd.’s “Korean 2005, Korean 2007, and 2007,” etc. ④ The victim Embrate’s “the victim’s programffice 203, Office 207, Office XP 207, Offow, Offows’ property rights infringement on the PCA’s work, such as the victim Emph, ⑤ the victim Emps’s 30, 30, 30, 30, 30, 30, 30, 30, 30, 37, 30,”).

2. Defendant ○○○○ Co., Ltd. infringed on the victims’ property rights in relation to the Defendant’s business as seen above by Kim○, the representative director, Kim○.

Summary of Evidence

1. Defendants’ respective legal statements

1. Complaint;

Application of Statutes

1. Article 136(1)1 of the Copyright Act and Article 136(1)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes: Defendant ○○○○ Stock Company: Articles 141 and 136(1)1 of each Copyright Act;

1. Aggravation for concurrent crimes;

Defendants: former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

1. Detention in a workhouse;

Defendant ○○: Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

Defendants: Article 334(1) of the Criminal Procedure Act

Judges

Judges Jeon Jae-il

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