logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2013.09.12 2013고정412
저작권법위반
Text

Defendant shall be punished by a fine of seven million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who engages in clothing export business under the trade name of Dongdaemun-gu Seoul Metropolitan Government building 520 "D".

From December 2010, the contractual relationship was terminated due to supply and return problems around July 2011 while the Defendant was supplied with female clothes, etc. from the victim F who sells female clothes with the trade name of E and exported them to China.

However, around November 1, 2011, the Defendant established an Internet shopping mall G in which the victim sells the victim’s product to China under the name similar to the Internet shopping mall operated by the victim, even though the Defendant received a warning that the delivery relationship with the victim was terminated, and that it would no longer be used by the victim’s image, and thus, the Defendant could not arbitrarily use the pictures related to the clothes sold by the victim. On December 2, 201, the Defendant established the Internet shopping mall G in which the victim sells the victim’s product to China under the name similar to the above E-site, which was similar to the above E-site, and infringed the victim’s author’s property right by posting the pictures and the composition of the website, etc. of the clothes model or small articles in which the victim took copyright, without the consent of the victim, which was published in the Internet shopping mall E without the consent of the victim.

Summary of Evidence

1. Each legal statement of witness F and I;

1. F and I statements among the suspect interrogation protocol of the defendant against the defendant

1. F statement among the interrogation protocol of the second interrogation of the defendant against the defendant

1. The police statement concerning F;

1. Complaint;

1. Investigation report (report in the currency of the complainant), investigation report (report attached to a document of seal);

1. Application of Acts and subordinate statutes, such as text of the decision on dispute mediation, evidentiary materials, etc. (No. 1 book No. 53 through 100 pages of investigation records);

1. Article 136(1) of the former Copyright Act (amended by Act No. 11110, Dec. 22, 201) provides that the provision applicable to criminal facts and the provision applicable to the choice of punishment.

arrow