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(영문) 서울남부지방법원 2013.06.26 2012고정2436
저작권법위반
Text

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

Defendant

A fails to pay the above fine; 50.

Reasons

Punishment of the crime

Defendant

A is the representative director of corporation B, and the defendant corporation B is a corporation established for the purpose of manufacturing model, exhibition, planning and design production, construction design, indoor decoration, etc. in Yeongdeungpo-gu Seoul Metropolitan Government D.

1. Around February 8, 2012, Defendant A’s employees in charge of Defendant A’s name-free business (hereinafter “Defendant A”) installed a reproduction of a program made by infringing copyright as indicated in the attached Table [Attachment Table], including five “Auto CAD 2008”, which is a computer program of the said company office of the said company, and used it for business purposes, such as printing out design drawings necessary for manufacturing models using the above program reproduction, thereby infringing the copyright of the said victim. The Defendant aided and abetted the crime of the employees of the said company by facilitating the act of infringing copyright by acquiring and using the above program reproduction in the course of business.

2. The Defendant Company B acquired the reproduction of a program made in violation of copyright in relation to the Defendant’s business as set forth in the above 1., and the said employees used it for business purposes.

Summary of Evidence

1. Each legal statement of witness G and H in part;

1. Partial statement of witness F in the second protocol of the trial;

1. Each statement (I, J);

1. Report on investigation ( Results of execution of a warrant) and application of the Acts and subordinate statutes governing the complaint;

1. Article 136 (2) 4 and Article 124 (1) 3 of the Copyright Act, and Article 32 (1) 1 of the Criminal Act (elective of fines): Defendant B, a stock company: Articles 141, 136 (2) 4 and 124 (1) 3 of the Copyright Act, Article 32 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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