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(영문) 수원지방법원 안산지원 2016.01.22 2015고정1585
저작권법위반
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is the representative of the E, who designs to design for a arche in the U.S. D E, 1101, 1102, or 1103.

No person shall infringe upon any author's property right or other property rights protected pursuant to the Act by means of reproduction, performance, public transmission, exhibition, distribution, lending, or preparation of a derivative work.

A. From March 2014 to March 12, 2015, the Defendant arbitrarily reproduced and used a program of “G” in the above E office from the first patrolman to the first patrolman, and in the computer for business purposes, one program of “G” in the victim F without the consent of the victim company.

B. From the beginning of March 2014 to March 12, 2015, the Defendant arbitrarily reproduced and used a “H” program at the above E office, and at the computer for business purposes, one program of the victim F’s “H” program without the consent of the copyright holder.

(c)

From March 2014 to March 12, 2015, the Defendant arbitrarily reproduced and used five programs of “I” of “I” of “I” in the above E office from the first patrol officer to the first patrol officer, and in the computer for business purposes without the consent of the copyright owner company.

(d)

From March 2014 to March 12, 2015, the Defendant arbitrarily reproduced and used the “J” program in the above E office from the first patrol officer to the first patrol officer, and one program in the computer for business purposes without the consent of the copyright owner company.

Accordingly, the Defendant infringed the victim’s copyright as above.

Summary of Evidence

1. Statement by the defendant in court;

1. The screen by each closure of a course;

1. Application of the Acts and subordinate statutes to the complaint;

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. The reason for sentencing lies in the confession of the instant crime, and considering the fact that the Defendant has no same criminal record;

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