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(영문) 수원지방법원 성남지원 2012.08.10 2011고정1854
저작권법위반
Text

Defendants shall be punished by a fine of KRW 3,000,000.

Defendant

A fails to pay the above fine; 50.

Reasons

Punishment of the crime

Defendant

A is the representative director of B, and the defendant B is a corporation engaged in manufacturing and wholesale and retailing information and communications devices.

No person shall infringe on another person's author's property right in a computer program without due authority by means of reproduction, public performance, public transmission, exhibition, distribution, lending, or production of derivative works.

1. From December 21, 2010 to February 22, 2011, Defendant A infringed on the copyright holder’s author’s property right by reproducing and using “Windows XP” program copyright to the victim microfacker in the third floor of the building in Seongbuk-gu Seoul Metropolitan City without permission, Defendant A’s reproduction and use of 56 programs without permission as shown in the list of crimes in the separate sheet of crimes, including the infringement of copyright holder’s property right;

2. Defendant B Co., Ltd. committed the above offense in relation to the Defendant Company’s business at the above date, time, and place.

Summary of Evidence

1. Defendants’ respective legal statements

1. Witnesses D and E's respective legal statements;

1. Statement of the police statement concerning F;

1. G statements;

1. A complaint;

1. Purchase details of licenses, the current status of the installation and use of computer programs, the list of computer program ice numbers, and the application of Acts and subordinate statutes as a result of personal search;

1. Article 136(1) of the former Copyright Act (amended by Act No. 11110, Dec. 2, 201); Article 136(1) of the former Copyright Act (amended by Act No. 11110, Dec. 2, 2011); Articles 136(1) and 141 of the former Copyright Act (amended by Act No. 11110, Dec. 2, 201);

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse (Defendant A);

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

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