A Daejeon criminal attorney | A criminal attorney who obtained a minor fine for a client in a case of Violation of the Copyright Act and the National Technical Qualifications Act

The client who came to a Daejeon criminal attorney came to Daeryun Law Firm, saying that he was at risk of punishment for Violation of the Copyright Act and the National Technical Qualifications Act.

The Daejeon criminal attorney set about confirming the facts of the suspicion against the client in order to mount a defense.

The client stated that he had violated the Copyright Act and the National Technical Qualifications Act by means such as illegal filming at a national qualification examination site.

■Regarding the Violation of the Copyright Act

No one may infringe an author's economic rights or other rights by means of reproduction, public performance, public transmission, exhibition, distribution, rental, and the like.

Nevertheless, while sitting the national technical qualification examination, the Daejeon criminal attorney's client infringed the author's economic rights by photographing and thereby reproducing the examination questions, thus violating the Copyright Act.

■Regarding the Violation of the National Technical Qualifications Act

No one may engage in an act that intentionally obstructs or exerts an improper influence on the examination.

Nevertheless, while sitting the above examination, the Daejeon criminal attorney's client intentionally exerted an improper influence on the examination by photographing the examination questions, thus violating the National Technical Qualifications Act.

The Daejeon criminal attorney looked into the punishment the client might face.

■Regarding the Violation of the Copyright Act

🔗Copyright Act, Article 136 (Penal Provisions) (1) A person who falls under any of the following subparagraphs may be punished by imprisonment with labor for not more than 5 years or by a fine not exceeding 50 million won, or both may be imposed concurrently.

1. A person who has infringed an author's economic rights or other property rights protected under this Act (excluding the rights under Article 93) by means of reproduction, public performance, public transmission, exhibition, distribution, rental, or production of a derivative work

■Regarding the Violation of the National Technical Qualifications Act

National Technical Qualifications Act, Article 26 (Penal Provisions) (1) A person who falls under any of the following subparagraphs shall be punished by imprisonment with labor for not more than 2 years or by a fine not exceeding 20 million won.

3. A person who, in violation of Article 25-3, has engaged in an act that intentionally obstructs or exerts an improper influence on the examination

The Daejeon criminal attorney's client was at risk of imprisonment with labor for not more than 5 years or a fine not exceeding 50 million won.

The Daejeon criminal attorney mounted the following defense in order to prevent criminal punishment of the client.

It appeared difficult for the Daejeon criminal attorney's client to avoid a sentence of imprisonment for having violated the Copyright Act and the National Technical Qualifications Act,

but, having heard the Daejeon criminal attorney's submissions, the court imposed a minor fine on the client by way of a summary penal order.

A summary penal order is the imposition of a property-based penalty such as a fine or a minor fine in a criminal trial through summary proceedings without trial proceedings,

and with the assistance of the 🔗Daejeon attorney, the client was able to escape the risk of a sentence of imprisonment.