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(영문) 대전지방법원 천안지원 2018.07.10 2018고정118
저작권법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who works as a critical instructor at the Center for Fixice Fixt in B and C apartment buildings.

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.

Nevertheless, from March 2016 to March 2017, the Defendant taught the “F”, “G”, “H”, and “I” of the copyright holder’s inside, and without obtaining the consent of the copyright holder’s use, at the Nam-gu Seoul metropolitan apartment site display center located in Seoan-gu, Seoan-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul.

At the same time, when the defendant took lessons of the "H" at the above date and place, the defendant used the music "K" of the copyright court without obtaining approval from the copyright holder, thereby infringing on the author's property right of the J.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and L;

1. Statement made by the police to J;

1. Each statement of M, N,O, and P;

1. Application of Acts and subordinate statutes on the registration certificate of copyright, written request for confirmation of contents, list of copyrighted works, list of members belonging to Q Qu South Branch, and qualification details;

1. Article 136 (1) 1 of the Copyright Act (including each work, etc.) concerning facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (it is between a violation of the Copyright Act on the “H” of E and a violation of the Copyright Act on the “K” of the J’s music

1. Selection of each alternative fine for punishment;

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. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. Summary of the assertion

A. In relation to infringement of E’s work, the Defendant was permitted in advance to take a training course using the above four internal affairs from E.

(b) E is authorized by J to use the music in respect of the infringement of J’s work.

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