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

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

Punishment of the crime

The Defendant is a person who operates a d'D' with the trade name "D," while E is a copyright holder of a "D" character, and F is a person who takes over the copyright of the above "D" character from E.

Although the Defendant was notified by the above E and F of suspending the use of the above “D” character, from May 2015 to February 2016, the Defendant committed an act of infringing the copyright holder’s intellectual property right by attaching the signboard the said “D” character on the said “D” store from May 2015 to February 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. The prosecutor's statement concerning the F;

1. The photograph of copyright registration certificate, character and design file, certificate of author’s property right transfer, D character and log contract, business photograph [the defendant has already been “D” character from E (hereinafter “instant character”).

The author argues that the copyright was transferred.

According to the evidence of the court below, the following facts are examined: ① E produced the character of this case at the request of the defendant around May 18, 2014 and registered the copyright of the character of this case on April 28, 2015; ② The defendant did not prepare a contract between E and the defendant at the time of requesting the production of the character of this case; ② the defendant sent KRW 500,000 to E on April 30, 2015, E refused it and remitted again to the defendant; ③ the defendant did not request the defendant to suspend the use of the character of this case on May 7, 2015; ② the defendant did not receive the certification of the content of the copyright of this case; and ② the defendant did not receive the certification of the content of the copyright of this case.

The defendant himself does the character of this case.