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Defendant
B shall be punished by a fine of one million won.
Defendant
B If the above fine is not paid, KRW 100,000.
Reasons
Punishment of the crime
(2018 High 101. B) Defendant B served as a research assistant for C University D Research Institutes from March 2014 to February 2016.
Defendant
B, around August 4, 2014, at the C University F2 G Hobu D Research Institute in Chuncheon, made a posters by reproducing the image of the victim’s work, without the victim’s first use, and then posted it on the bulletin board of the research institute’s website (J). From that time, the victim’s work was reproduced and displayed on nine occasions by January 13, 2015, as shown in the list of crimes in the attached list of crimes.
Accordingly, Defendant B infringed on the victim’s property right.
Summary of Evidence
1. Partial statements of the defendant B and A
1. A written statement of I;
1. Evidential materials, such as the complaint book, posters, etc., evidentiary materials, copyright materials, content materials, and documentary evidence on the homepage of the D Research Institute [Evidence of evidence] is acknowledged that the Defendant, according to his/her mental effort, copied the image recorded in the judgment, which constitutes the creative expressive materials of ideas or emotions obtained with respect to the arts, by using the Internet, to capture the image in the manner of mind. The Defendant, without any explanation thereafter, posted it on the website of the D Research Institute, by producing a notice informing the D Research Institute of the details of the event schedule of the D Research Institute’s presentation, research performance, etc., and the victim notified the D Research Institute of the deletion of the said copyrighted work posted on the side of the D Research Institute around February 13, 2017, and submitted the complaint on April 5, 2017.
According to the above facts, even if the contents of the promotional posts of the Agency were used for the educational activities of the Agency for non-profit purposes, the Defendant is aware that the victim’s copyrighted works were used without permission in the production of such promotional notices.
Article 25 of the Copyright Act.