No person shall infringe on the copyright of a program copyright holder by acquiring and using it for business purposes any reproduction of a program created by infringing another person's program copyright without any legitimate authority, upon the copyright of the program.

Nevertheless, from April 27, 2013 to December 2, 2013, the Defendant’s employee, obtained the reproduction of the “Asys and Inc. 10” program, which is a computer program of Asys and Inc. (hereinafter “Asys and Inc.”) in the said company’s office from April 27, 2013 to December 2, 2013, and used it for profit-making purposes to infringe the copyright of the said copyright owner’s program.

2. Determination

A. Relevant provisions and Article 141 of the Copyright Act provides that “When a representative of a corporation, or an agent or employee of, or any other person employed by, a corporation or an individual commits any offence under this Chapter in connection with the business affairs of the corporation or individual, the corporation or individual shall be punished by a fine in addition to the punishment of

Provided, That this shall not apply where a corporation or an individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such violation.

There are two penal provisions on the criminal responsibility of a corporation.

In a specific case, whether a corporation neglected its duty of considerable attention or management and supervision, that is, all the circumstances related to the relevant violation, namely, the legislative purport of the relevant Act, the degree of infringement of legal interests anticipated to violate the penal provisions, the purport of the two punishment provisions concerning the relevant violation, as well as the specific form of the relevant violation, the degree of actual damage or result, and the business size of the corporation.