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(영문) 인천지방법원 2017.11.30 2017고정2157
저작권법위반
Text

Defendants shall be punished by a fine of 1.5 million won.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

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

Defendant

A is the representative director of Defendant B who is in the Namdong-gu Incheon Metropolitan City F.

1. From November 2012, Defendant A reproduced the “Mascam” program at the aforementioned factory B, which is owned by the injured party’s copyright, in a computer without obtaining consent from the injured party, from November 2012 to the present factory B, and used it on a computer.

Accordingly, the Defendant infringed on the program copyright of the victimized person.

2. Defendant B, a representative director, infringed on the copyright of the program of the victimized person as set forth in the above 1.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police in relation to G;

1. Application of Acts and subordinate statutes to the details of the petition, certified copy of the register, certificate of software registration (stock company B), screen of the use of Maascam program, confirmation slip as a result of SW, and current status of use by PC;

1. Article 136 (1) 1 of the Copyright Act; Defendant A who is entitled to a fine for a crime; Defendant B who is entitled to a fine: Articles 141 and 136 (1) 1 of the Copyright Act;

2. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act.

3. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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