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(영문) 서울중앙지방법원 2009. 12. 30. 선고 2009고정1618 판결
[컴퓨터프로그램보호법위반][미간행]
Escopics

Defendant 1 and one other

Prosecutor

Kim Tae-Hun

Defense Counsel

Attorney More than Attorney More than

Text

Defendants shall be punished by a fine of KRW 7,000,000.

When Defendant 1 fails to pay the above fine, Defendant 1 shall be confined in a workhouse for the period calculated by converting KRW 50,000 into one day.

An order to pay an amount equivalent to each of the above fines shall be issued.

Criminal facts

1. Defendant 1

The Defendant copied, from April 2007 to November 2008, the 5th floor of Seocho-gu Seoul (hereinafter address omitted), Defendant 2’s office in which the Defendant jointly representing the 5th floor of the building in Seocho-gu (hereinafter address omitted), from among the 3rd party program of the design and support in the field of construction and structure in which Nonindicted Co. 3 had copyright, the 3rd party program of the 3rd party program of the design and support in the field of design and structure (former Doz. : 60.64%) the LSP file (64% reproduction), the construction-related light and the divers program (9.6% reproduction), the 1, 360,000,0000 won of the CAD DHX, CADDKHHX, CASGHXXO, and CADEMMME, the 3650,000,0000 won of the program and the 363rd part of the program development of the program.

2. Defendant 2 corporation

The above defendant 1, a joint representative director of the defendant's business with respect to the date, time, place, and the defendant's business, infringed on the copyright of the above copyright owner.

Summary of Evidence

1. Legal statement of the witness Nonindicted 2

1. Partial statement of the witness Nonindicted 1’s witness

1. Part of the prosecution examination protocol against the defendant and non-indicted 1 (including the part concerning the statement of non-indicted 2)

1. Statement on Nonindicted 2’s statement

1. Each report on investigation;

1. Visits to the result of program appraisal;

1. Complaint;

Application of Statutes

1. Article applicable to criminal facts;

Articles 46(1)1 and 29(1) of the former Computer Program Protection Act (amended by Act No. 9625 of Apr. 22, 2009) (Appointment of Defendant 1 and fine)

Articles 50, 46(1)1, and 29(1)(Defendant 2 Corporation) of the former Computer Program Protection Act (amended by Act No. 9625 of Apr. 22, 2009)

1. Detention in a workhouse (Defendant 1);

Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Judges Choi Tae-young

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