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(영문) 수원지방법원 안산지원 2018.06.18 2018고정382

저작권법위반

Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is a corporation established for the purpose of semiconductor equipment manufacturing business, etc., and the defendant A is the representative director of the corporation B.

(a) No person may infringe upon any author’s property right or other property rights protected under the Copyright Act by means of reproduction, performance, public transmission, exhibition, distribution, lease, or preparation of a derivative work;

Nevertheless, from October 17, 2017 to January 12, 2018, the Defendant: (a) reproduced the AutaCAD 2010 Program 1; (b) AutaCAD 2016 Program 2; and (c) C&C C’s Mster 9.1 Program 2; (c) a master program 9.1 program 2; (d) a master camp x6 program; and (e) a master camp x9 program 2 without permission by using the master camp x9 program installed and used in a computer for business purposes; and (e) infringed on copyright holders’ property rights.

B. At the same time and place as Defendant B’s above paragraph (a), A, the representative director of the Defendant, committed the above violation in relation to the Defendant’s business.

2. The judgment is a crime falling under Article 136(1)1 through 141 of the Copyright Act, which can be prosecuted only upon a complaint under Article 140 of the same Act. Since the complainant’s agent completely cancelled the complaint against the Defendants on May 11, 2018, which was after the indictment of this case, the indictment of this case is dismissed in accordance with Article 327 subparag. 5 of the Criminal Procedure Act.