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(영문) 인천지방법원 부천지원 2020.05.07 2019고정718
저작권법위반
Text

Defendants shall be punished by a fine of KRW 5,000,000.

Defendant

If A does not pay the above fine, 100.

Reasons

Punishment of the crime

Defendant

A is the representative director of Dongcheon City C and D, and the defendant B is a corporation with the purpose of lighting equipment and the export and import business of electrical products.

1. No person who is a defendant A shall use for business purposes a reproduction of a program made by infringing the copyright of the program, after acquiring it with the knowledge of such fact;

On February 14, 2019, the Defendant, in collusion with the employees of the said company, acquired the illegal reproduction of the F program held by the victim E, and used it on the company’s business-use computer as follows. (A) The Defendant established and used a F 2013 Program 1 in collusion with G who is an employee of the said company, for the company’s business-use computer. (b) The Defendant, in collusion with H, I, and J, who is an employee of the said company, installed and used a F 2014 Program 3 in collusion with the said company’s employees for the company’s business-use computer.

C) The Defendant, in collusion with K, who is an employee of the foregoing company, established and used a F 2015 program for the company’s business purpose computer. D) The Defendant conspired with L, who is an employee of the foregoing company, to use a F 2016 program for the company’s business purpose.

Accordingly, the defendant infringed the victim's copyright.

2. Defendant B, at the time and place specified in paragraph (1), committed the same violation as described in paragraph (1) in relation to the Defendant’s business.

Summary of Evidence

1. Partial statement of the defendant;

1. Verification marks as a result of the SW inspection, current status of use by PC, application of statutes on business registration certificates;

1. Article applicable to criminal facts;

A. Defendant A: Article 136(2)4 and Article 124(1)3 of the Copyright Act; Article 30 of the Criminal Act

B. Defendant B: Articles 141, 136(2)4, and 124(1)3 of the Copyright Act.

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