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(영문) 부산지방법원 동부지원 2016.01.21 2015고정840
저작권법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is the representative of "B" in a public performance planning company.

No infringement shall be made by means of reproduction, performance, public transmission, exhibition, distribution, lease, or preparation of secondary copyrighted works, of author's property rights or other property rights protected pursuant to the Copyright Act.

On October 13, 2013, the Defendant, while proceeding in D located in Suwon-gu, Busan, about 15:00 and 19:00 on two occasions, infringed upon each copyright holder’s property right by using 19 grains, such as “G” of the F author’s grains, without permission.

Summary of Evidence

1. Statement of the suspect examination protocol against the accused prepared by the police;

1. Statement made to H by the police;

1. Each description of an investigation report (to have a witness H telephone conversations) and an investigation report (to have a witness I telephone conversations) prepared by the police;

1. Application of the Acts and subordinate statutes in a copy of the performance information and the celebs used (Evidence No. 25 of the evidence record);

1. Relevant Article 136 (1) 1 of the Copyright Act and the selection of fines for offenses; and Article 136 (1) 1 of the same Act;

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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