Defendant shall be punished by a fine of KRW 2,000,000.

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

Punishment of the crime

The Defendant, with the trade name of Jongno-gu Seoul Metropolitan Government “D”, operated a Do retail company in Jongno-gu, and around January 2016, the Defendant supplied the victim with the production of the actual cream applied by the victim E, “resting pin repeatedly in a stib,” which was created by the victim E, and stored the remaining original body without discarding it.

From October 2016 to February 2017, the Defendant distributed the above design, which is an applied art work, by receiving and selling the total amount of KRW 2,946,900, which was produced at the F’s request, using the above original body that was kept from around October 2016 to around February 2017 without the victim E’s permission.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Details of transactions and photographs of tax invoices;

1. Tax invoices and transfer details;

1. G shopping mall posts;

1. Application of the Acts and subordinate statutes of written complaint of E;

1. Relevant Article 136 of the Copyright Act and Article 136 subparagraph 1 of the same Act and the selection of fines for criminal facts;

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

1. Article 10 (1) and Article 8 (1) of the Act on Regulation and Punishment of Concealment of Criminal Proceeds from Collection;

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

1. The gist of the assertion is that the Defendant supplied the first raw body that was produced upon the request of the Defendant from the injured party for the production of the raw body of the practical body that applied the “saling pin repeated pattern” (hereinafter “the original body of this case”), but the victim did not appear in mind.

The first original part produced again to the victim and sold the first original part in F without being discarded to the victim. As the victim renounced the right to dispose of the first original part, the act of disposing of the first original part cannot be deemed as an act of infringing the copyright of the victim.

2. The judgment of this Court.