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(영문) 의정부지방법원 2017.02.09 2016고정485
저작권법위반
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

The Defendant is D University E and professor.

F was a joint work jointly translated by G’s operating staff H on March 2012, 201 by means of I, J, K, K, L, M, N,O, P, and Q. At the request of G to add F, not the author, to the “R” book issued on March 10, 2004, and the Defendant, S, and T accepted the request for additional defects from U.S., a business employee of G, who is not the author of G, and the Defendant, S, and T, who are not the author of the “R” book, around March 2015.

H around March 10, 2012, at the G office located in W in Pakistan, and even if F is not a “R author,” H published the so-called “mark conflict” book, which was added F to the book as a joint translator, in the name of Book G, in the name of book publishing G. U and V around March 10, 2015, in the above G office, the fact was not the Defendant, S, and T were not the “R author,” but the so-called “mark conflict” book added Defendant, S, and T to the sign was published in the name of book publishing G.

Accordingly, in collusion with U, V, etc., the Defendant made the work public under the real name of a person other than the author.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of a suspect by the prosecution against F, S, U, V, or K;

1. Application of Acts and subordinate statutes to investigation reports (a copy of each sign, etc. of false works);

1. Article 137(1)1 of the Copyright Act, Article 30 of the Criminal Act, and the choice of fines for criminal facts;

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

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument is that R, published on March 10, 2015, is substantially the same as X published on March 10, 2012, and thus cannot be deemed a new work. Therefore, the publication of the above book does not constitute a publication under the Copyright Act, and thus, it does not constitute a crime.

2. Determinations, the definition of the Copyright Act.

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