logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
orange_flag
(영문) 서울중앙지방법원 2009. 11. 11. 선고 2009고정2196 판결
[저작권법위반][미간행]
Escopics

Defendant

Prosecutor

Fixedness

Text

A fine of three million won shall be imposed on a defendant.

Where a defendant fails to pay the above fine, the defendant shall be confined in a workhouse for a period calculated by converting 50,000 won into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Costs of lawsuit shall be borne by the defendant.

Criminal facts

On November 17, 2006, the Defendant was sentenced to a fine of two million won as an offense of violating the Copyright Act by the Seoul Central District Court.

From February 15, 2007 to August 7, 2008, the Defendant first translated and introduced to the Republic of Korea the victim non-indicted on July 1972 at the office ○○○○○○ Office located in the Gangnam-gu, Seoul (hereinafter omitted) for the publication of books. Around 1990, the Defendant solely translated and published the translation of the “the theory of knickty” that was published through joint translation with the Defendant and the Defendant, without the consent of the victim, and the Defendant solely translated the original copy of the “the theory of knickty” that was published by the Defendant, and published the work by displaying it on the Yan Internet homepage (www. w.org) and indicating the person who is not the author as the author at the same time.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the Nonindicted Witness

1. Examination protocol of the accused by prosecution;

1. Statement of the police statement of the Nonindicted Party

1. A complaint, a copy of the decision of recommending compromise, a copy of the Internet homepage sales and posting on the Internet homepage, a copy of the decision of violating the Copyright Act, a copy of the decision of violating the Copyright Act, and a copy

Application of Statutes

1. Article applicable to criminal facts;

Articles 136(1) and 137 subparag. 1 of the Copyright Act (amended by Act No. 9625 of Apr. 22, 2009)

1. Commercial competition;

Articles 40 and 50 (Selection of Punishment of Fines)

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

1. Litigation costs;

Article 186(1) of the Criminal Procedure Act

It is so decided as per Disposition for the above reasons.

Judges Lee Jae-sik

arrow