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Defendant
A shall be punished by a fine for negligence of KRW 2,500,000, and by a fine of KRW 1,500,000.
Defendant
A above.
Reasons
Punishment of the crime
Defendant
A is a person operating a stock company B engaged in panty, miscellaneous manufacturing and distribution business in Busan Dong-gu D, and the goods produced and distributed in the above stock company B are sold at the store of consumer products with the trade name "E" located in the same place.
1. Defendant A
A. On November 6, 2013, the Defendant committed the crime of November 6, 2013, the Defendant infringed on the author’s property rights of the said copyright holder by possessing 179 copies of the reproduction of the reproduction “G” in the warehouse B of the said stock company, an incorporated Korea Music Copyright Association, for the purpose of distributing 179 copies of the reproduction of the reproduction of the “G”, in the warehouse B of the said corporation.
B. On June 5, 2014, the Defendant committed the crime of June 5, 2014, the Defendant infringed on the author’s property right by selling one copy of the efficacy radio in which the SD Card, which was reproduced by the “J”, “E,” etc. of L, holding neighboring rights, was inserted in the said “E”.
2. Defendant B, the Defendant, a corporation, is established for the purpose of manufacturing and distributing panty prosperity.
The defendant, as his representative, infringed the author's property rights of each copyright holder in the same manner as in the preceding paragraph with respect to the defendant's business at each time and place mentioned in paragraph (1).
Summary of Evidence
1. Partial statement of the defendant;
1. The police statement of K;
1. Police seizure records;
1. Investigation report (Report on the result of confirming the details of storage of illegal reproduction of sound source or chips);
1. SDR cards and enzym radio, etc. photographs, purchase receipts (32,00 won), copies of output of the Korean Music Industry Association, and outlines thereof, sold by a complainant, suspect shop;
Summary of copyright in 3,000 Gaz.
(I), L), Gags
The Defendants and defense counsel asserted that one SDR for the crime of violating the Copyright Act of June 5, 2014 was not kept for sale. According to the employee M's testimony, the above SDR was not displayed in the display stand, etc., and was kept in the next box.