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(영문) 서울동부지방법원 2016.04.27 2016고단196
저작권법위반
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Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is an instructor who instructs high school students to take social and cultural subjects through the entrance training institutes, the Internet, etc.

1. On February 2, 2012, the Defendant, without the permission of C, who is a copyright holder, copied “D” 201, a literary work owned by the copyright holder, and produced 700 copies of “E” and sold 18,000 won to the students who heard the lecture of the Defendant, thereby infringing on the author’s property right of the copyright holder for profit.

2. On December 2012, the Defendant violated the copyright holder’s property right for profit by editing part of the books produced by the Defendant without obtaining C’s permission, a copyright holder, and manufacturing 800 copies of the books in the same item as Paragraph 1, and receiving 18,000 won for the students who hear the Defendant’s lectures, and selling them to the students who hear the Defendant’s lectures.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Written complaint filed by C;

1. Responses with the results of appraisal;

1. Application of separate evidence (D 1, 3 rights of infringing works) Acts and subordinate statutes;

1. Article 136 (1) 1 of the Copyright Act (Selection of a punishment for a crime) concerning facts constituting an offense;

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. It is so decided as per Disposition in view of the following: (a) the full collection and destruction of the books produced by the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act; (b) the collection of the entire books produced by the defendant for the reason of sentencing under Article 334(1) of the said Act; and (c) the restoration of damage by paying the total amount of loss to related civil trials; (d) the depth

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