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(영문) 서울동부지방법원 2020.05.22 2020고정155

저작권법위반

Text

All of the prosecutions of this case are dismissed.

Reasons

1. Defendant A is a representative director of “stock company B” (hereinafter “stock company”), and Defendant B is a corporation mainly incorporated for the management of intellectual property rights in Songpa-gu Seoul Metropolitan Government. A.

Defendant

A No person shall infringe upon author's property rights or other property rights protected pursuant to the Copyright Act by means of reproduction, performance, public transmission, exhibition, distribution, lease, or production of derivative works.

Nevertheless, from September 27, 2018 to February 19, 2019, the Defendant infringed the victim’s author’s property right by reproducing and using the victim’s “D” products, which are the 3D design program, such as mechanical design, printing price design, and painting model, in which the victim’s “D” holds copyright, without the victim’s permission.

B. Defendant B Co., Ltd.

A, the representative of the defendant at the time, at the location of the time, and at the place, above A.

As stated in the same paragraph, the violation was committed.

2. Determination

(a) Applicable provisions of Acts: Articles 141 and 136 (1) of the Copyright Act;

(b) Offenses subject to prosecution: Article 140 of the Copyright Act.

(c) Declaration of revocation of complaint by a complainant agent after prosecution;

(d) Judgment dismissing public prosecution: Article 327 subparagraph 5 of the Criminal Procedure Act;