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(영문) 서울서부지방법원 2014.10.08 2014고정571

저작권법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged of this case is that the Defendant, as the representative of “F” in Mapo-gu Seoul, entrusted the production of the above “F” website from “F” in Seoul Mapo-gu, and the Defendant made the above F’s website at the office of “D” from July 2012 to November 201 of the same year, and without permission of the victim H, posted at his own discretion the 70 image pictures of the victim’s photograph, including the image pictures of the female model I, a photographic work, without permission of the victim H, by arbitrarily reproducing them on the Internet homepage “J” of “F.”

2. The facts charged of the instant case are those falling under Article 136(1)1 of the Copyright Act and can be prosecuted only upon a complaint by the complainant under Article 140 of the same Act. According to the records, H, the complainant, a stock company, has only a copyright on the 70 images of the 70 images recorded in the facts charged, and 25, 30, 31, 324 images of the 25, 30, 31, 324 images, and 57 images of the remaining 57 images, which fall under Article 136(1)1 of the same Act; H, the complainant, a stock company, concluded a contract on the consignment of four copyrighted works in the above K company with the above company and the copyright owner, and distributed them to the domestic company, and only the copyright owner and the owner shall be entitled to have the right to use the copyrighted works on behalf of the defendant; H, a stock company and the above company shall have the right to use the copyrighted works on behalf of the defendant.