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(영문) 청주지방법원 2013.05.30 2013고정43

저작권법위반

Text

All prosecutions against the Defendants are dismissed.

Reasons

1. Defendant A, as the representative director of Company B, is a person in charge of the management of computers and computer programs of the above Company, and Defendant B is a corporation established for the purpose of the manufacturing business of automobiles and parts.

1. On November 22, 2012, Defendant A used a total of 53 computer program reproductions to the employees of the said company, as indicated in the attached list of crimes, such as “Photosop 7.0”, which was made by infringing copyright without the consent of a computer program copyright holder, at the office of the Jincheon-gun, Jincheon-gun, Chungcheongnam-gun, Inc., the Defendant had the employees of the said company use them for business purposes.

Accordingly, the Defendant infringed on the copyright of the copyright holder respectively.

2. Defendant B, a representative director of the Defendant, infringed upon the above copyright holder’s copyright in relation to the Defendant’s business at the date, time, and place as set forth in paragraph (1).

2. We examine the judgment. Of the facts charged in this case, the part against Defendant A among the facts charged in this case is a crime falling under Article 136(2)4 of the Copyright Act, Articles 141 and 136(2)4 of the Copyright Act, and the part against Defendant B is a crime which may be prosecuted only when the victim files a complaint pursuant to the main sentence of Article 140 of the Copyright Act. According to the statement in the letter of withdrawal of complaint submitted to this court on May 13, 2013, the victims may be found to have withdrawn all the defendants' complaint. Thus, the prosecution against the Defendants is dismissed in accordance with Article 327(5) of the Criminal Procedure Act.