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Attention! Protection of the Institute of Practical Psychophysics’ intellectual property rights.

20.12.2011

SENTENCE

in the name of the Russian Federation

 

Moscow                                                                                                                                                                                                                                                                               January 16, 2012

 

            Judge of Ostankinskiy district court of Moscow city Zinchenko P.I. in presence of secretary Abramova E.A. with participation of public prosecutor – assistant attorney of Ostankinskiy inter-district public procurator's office of Moscow city Panov D.N. and defendant Shabanova T.E., after trying in open court session materials of a criminal case against Shabanova T.E, born in 1955 in Smolensk city, citizen of the Russian Federation, higher education, single, having no minor children, without criminal record, accused of a crime under point “c”, part 3, clause 146 of the Criminal Code of the Russian Federation,

 

DETERMINED:

 

In the court session it was determined that Shabanova T.E has committed unlawful use of copyright objects, as well as keeping of counterfeit copies of products for commercial purposes in a large scale.

Thus, Shabanova T.E being adequately aware of market opportunities in sphere of software for diagnostic device “Metatron” distribution, acted for mercenary motives with a view to extract profits for her own enrichment, had developed a plan targeted for unlawful storage and sales of counterfeit copies of product – PC software on machine-processable medium to a third persons for pecuniary reward.

She purchased an unlicensed copy of “Nutrisoft” software, possessor of the rights to which is “The Institute of Practical Psychophysics”, LLC in accordance with the Certificate of PC software official registration No. 2003610662 from 18.03.2003, stored on Verbatim CD-R, for diagnostic device “Metatron”, from unknown to prosecution person and implementing her criminal intent and being aware of possible major damage to the possessor of the rights, she kept it illegally in unknown o prosecution place for the purpose of selling until 08.07.2011.

Shabanova T.E committed illegal sale of an unlicensed copy of of “Nutrisoft” software, possessor of the rights to which is “The Institute of Practical Psychophysics”, LLC in accordance with the Certificate of PC software official registration No. 2003610662 from 18.03.2003, stored on Verbatim CD-R, for diagnostic device “Metatron” at the same time being aware of possible major damage to the possessor of the rights, conceding the consequences, against the will of the possessor of the rights, violating terms of article 44 of part 1 of the Constitution of the Russian Federation, points 1225, 1226, 1229, 1233, 1235, 1255, 1270 of the Civil Code of the Russian Federation, for that she received monetary reward from a person acting within operational search action (test purchasing operation), monetary reward in amount of 4600 (four thousand and six hundred) euro which is equal to 184 421 rubles 82 kopecks (one hundred eighty four thousand and four hundred twenty one ruble and eighty two kopecks) in accordance with Central Bank of the Russian Federation exchange rate on 08.07.2011,

thus, by her abovementioned criminal actions, Shabanova T.E has caused material damage to the possessor of the rights “The Institute of Practical Psychophysics”, LLC in major amount equal to 11000 euro (eleven thousand) which is equal to 440990 (four hundred forty thousand and nine hundred ninety) rubles, that is she committed a crime under part 2 clause 146 of the Criminal Code of the Russian Federation.

 

VERDICT:

 

Shabanova T.E is found guilty of committing a crime under part 2 clause 146 of the Criminal Code of the Russian Federation (edition No. 420-FZ from 07.12.2011) and is sentenced to imprisonment for 6 (six) months. On the basis of clause 73 of the Criminal Code of the Russian Federation the sentence should be considered suspended with probationary period of 6 (six) months.

 

The sentence may be appealed against as a cassation court in Moscow municipal court within 10 days since the moment of announcing; convict may do so within the same term since the moment of receiving of the sentence copy.

 

 

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It should be noted that during this trial, because of admission of guilt and contrition of the defendant, directorate of the Institute of Practical Psychophysics has decided to withdraw civil plea for reparation of damages.

 



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