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(영문) 수원지방법원 평택지원 2015.02.12 2014고정662
저작권법위반
Text

Defendants shall be punished by a fine of KRW 3,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is the representative director of corporation B, and Defendant B is a corporation established for the purpose of manufacturing and selling industrial machinery in Pyeongtaek-si E.

1. On April 2013, Defendant A around four computers used for business purposes in Pyeongtaek-si E (ju)B, Defendant A used three microfows 7 programs, one microfows XP program, two Office 2007 Effice 2, one program of Office 2007, one program of Office 2010, one program of Offic Pus 2010, one program of Offic Pus 2008, one of the complainants AutaCAD 208 programs, three of 8.0 programs, one of 9.0 program, one of 6.03, six of 6.0, one of 6.203, two of 207, and five of 207, one of 30 program, one of which is the complainants, and one of 207, two and five of 30,207, two and five of 30,000 copies of the computer program, respectively.

2. Defendant B, a representative of the Defendant’s business, caused Defendant A to commit the same offense as that of the above “1.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of F’s statutory statement Acts and subordinate statutes;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Articles 136(2)4 and 124(1)3 of each Copyright Act; selection of fines

B. Defendant B: Articles 141, 136(2)4, and 124(1)3 of each Copyright Act; selection of fines

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for detention in a workhouse (Defendant A);

1. The fact that the sentencing of Article 334(1) of the Criminal Procedure Act is reduced on the ground of lack of evidence as to whether 7 programs among 32 programs prosecuted against Defendant A were used for business.

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