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(영문) 의정부지방법원 고양지원 2016.04.28 2016고정138
저작권법위반
Text

Defendants shall be punished by a fine of KRW 1,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

1. Defendant A is the representative director of the Dongyang-gu Seoul Building C Co., Ltd. 319, Goyang-si, Goyang-si.

No person shall infringe any author's property right or other property right by means of reproduction, performance, public transmission, exhibition, distribution, lending, or preparation of a derivative work.

Nevertheless, around April 2015, the Defendant infringed the complainant’s copyright by using program (E, F, etc.) (E, etc.) which is a work of the complainant, without permission of the copyright holder, with about 10 computers equipped with approximately 10 computers in Co., Ltd. B.

2. Defendant B is a corporation established with the objective of engineering service business.

The Defendant infringed the complainant’s copyright by reproducing and using the program without permission of the copyright holder as referred to in the above paragraph (a).

Summary of Evidence

1. Defendant A’s legal statement

1. A complaint;

1. Application of Acts and subordinate statutes on the list of submitted documents, the current status of the installation and use of computer programs, and the numbers of computer programs;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 136(1)1 of the Copyright Act (elective selection)

B. Defendant B: Articles 141 and 136(1)1 of the Copyright Act

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

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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