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(영문) 대전지방법원 천안지원 2017.05.25 2017고정255
저작권법위반
Text

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

Defendant

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

Reasons

Punishment of the crime

1. Defendant A is a person who operates a stock company B established for the purpose of manufacturing glass, etc. in Seo-gu, Seoan-gu, Seocheon-si.

A person who acquires a reproduction of a program created by infringing the copyright of the program with the knowledge of the fact shall not use it for business purposes.

Nevertheless, the Defendant, within the early 2012 Police Officer B office, installed 2.0 program copyright of the Victim Past Epik Co., Ltd. on the four business-use computers; 2.0 program copyright of the program; 2007 program copyright of the Victim Co., Ltd.; 2010 program in Korean and 2010 program; 2010 program of the Victim Epik Epik Apik, which the Victim Epik Epik’s program copyright, were reproduced without permission of the copyright owner; and used for business from the above day to September 23, 2016.

Accordingly, the defendant infringed the victims' program copyright.

2. Defendant B is a corporation established for the purpose of manufacturing glass.

At the time and place specified in paragraph (1), A, a substantial representative or employee of the defendant, committed such a violation in relation to the duties of the defendant.

Summary of Evidence

1. Defendants’ legal statement

1. Statement protocol (D);

1. Complaint;

1. A certificate of software registration, a certificate of software sale and contract performance, a certificate of software registration, and a certificate of software registration;

1. The current status of the installation and use of computer programs, the results of personal search by each individual, and photograph of a program closure;

1. Business registration certificate (B) the application of statutes;

1. Relevant legal provisions and choice of punishment on the crime;

(a) Defendant A: Article 136(2)4 and Article 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

1. Aggravation concurrent crimes;

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