저작권법위반
The prosecutor's appeal is dismissed.
1. The summary of the grounds of appeal (legal scenarios) is reasonable to view that five images of the shotos (product names: droughts-type) used by the Defendant (hereinafter “the product of this case”) posted on the Internet shopping mall “C” operated by him (hereinafter “the pictures of this case”) are recognized as the identity and creativity of the photographer in order to provide accurate explanations as to the precautions for the product of this case and maximize the effectiveness of the advertisement by emphasizing the image of the object of the advertisement. Thus, it can be deemed that the shotos constitute copyrighted works protected under the Copyright Act. Moreover, the Defendant’s act of posting the pictures of this case on the Internet shopping mall (hereinafter “the act of this case”) is an act of infringement on the exclusive publication right of the company of this case, or an act of infringement on the Internet copyright of this case, thereby affecting the conclusion of the judgment of the court below. The Defendant did not err in the misapprehension of legal principles as to the act of infringement on the copyright of this case.
Despite the fact that the victim’s selective charges against Dokdo Island did not infringe upon author’s property rights or other property rights protected under this Act by means of reproduction, public performance, broadcasting, exhibition, transmission, or distribution, the defendant placed the product advertisement on the bulletin board of the above site by reproducing, without permission, the pictures of this case, which are copyright to Dokdo corporation, in the office of the C company located in Seo-gu in the modern war from February 2012 to August 20, 2012.