Defendant

A shall be punished by imprisonment with prison labor for four months, by a fine of three thousand won,00,000 won.

However, the defendant A.

Punishment of the crime

Defendant

A is the representative director of corporation B in the third floor of Gangnam-gu C building, and Defendant B is a corporation established for the purpose of developing and selling software.

1. From October 31, 201 to March 13, 2015, Defendant A conspired with the employees D, etc. of the said company, Defendant A infringed the copyright holder’s author’s property right using a total of 95 program works using the same method as written in the list of crimes, by knowing that one program created by Defendant A, a program created by a copyright holder’s fish program CS5.5, a program created by a comerer, installed in a computer located in the said office in Gangnam-gu Seoul Metropolitan Government, Seoul, with the third floor of the said company’s building, was illegally reproduced.

2. Defendant B, a representative of the Defendant, at the same time and place as paragraph (1) of this Article, infringed on the author’s property right of the copyright holder as above in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. A complaint, information on places of business, full certificates of registered matters, certificates of software registration, and written statement of an complainant's agent;

1. All on-site photographs;

1. The current status of installation and use of computer programs;

1. Application of Acts and subordinate statutes on the screen after the closure of a course;

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

(a) Defendant A: Article 136(2)4 of the Copyright Act, Article 124(1)3 of the same Act, and Article 30 of the Criminal Act (the choice of imprisonment);

B. Defendant B: Articles 141, 136(2)4, and 124(1)3 of the Copyright Act

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37 and Articles 38(1)2 and 50 of the Criminal Act;

1. Defendant A who is under the suspension of execution: Article 62(1) of the Criminal Act (it shall take into account the favorable circumstances as shown below);

1. Defendant B Co., Ltd.: The circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act are unfavorable to the sentencing of Defendant B’s provisional payment order: the program of the victims who were illegally reproduced by the Defendants engaged in software development business.