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(영문) 부산지방법원 동부지원 2015.09.17 2013고정1528
저작권법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is running livestock product sales business with the trade name called D in Busan-gu C.

No author's property right or other property rights protected pursuant to the Copyright Act shall be infringed by means of reproduction, performance, public transmission, exhibition, distribution, lending, or preparation of a derivative work.

Nevertheless, from February 2010 to January 2013, the Defendant placed a livestock product sales advertisement on the website (E), D Internet shopping mall (F), and 11 on the website (www.11stS.co.r) and used HI image pictures without permission of G, a copyright holder.

Accordingly, the Defendant infringed on the author’s property right by displaying the above works without the permission of the copyright holder.

Summary of Evidence

1. Partial statement made by the defendant in the first trial record;

1. Part of the statement by the witness J in this court;

1. Statement made by witnesses G in the third protocol of the trial, and the statement made by K in the seventh protocol of the trial;

1. Entry into the written complaint prepared by G;

1. Each image photograph (Evidence No. 22-34 of the Evidence Record No. 22-34) and the application of the video-related Acts and subordinate statutes;

1. Article 136 (1) 1 of the Copyright Act and Article 136 (1) 1 of the same Act concerning criminal facts, the selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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