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(영문) 서울동부지방법원 2019.03.28 2019고정172

저작권법위반

Text

All of the prosecutions of this case are dismissed.

Reasons

1. Defendant B Co., Ltd. is a corporation established for the purpose of product design, etc., and Defendant A is the representative of the above corporation.

Defendant

A No person shall infringe another person's copyright by means of reproduction, performance, public transmission, exhibition, distribution, lending, or secondary copyrighted work.

Nevertheless, from August 12, 2015 to January 24, 2018, the Defendant arbitrarily reproduced and used six computer program works, such as ① 3, 3, 2, 5, 2, 3, 3, 3.x, 1, 4, 5, 1 PTCreo 5, and 1.

B. Defendant B Co., Ltd. infringed on the victim’s property right regarding the business of the corporation, such as the date and place described in paragraph (a).

2. Determination

(a) Applicable provisions of Acts: Articles 136 (2) 4 and 124 (1) 3 (Defendant A) of the Copyright Act, Articles 141, 136 (2) 4 and 124 (1) 3 of the Copyright Act;

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

C. Declaration of withdrawal of complaint: The injured party’s agent submits a letter of withdrawal of complaint to the effect that the complaint against the Defendants is revoked to the court on December 24, 2018, which was after the prosecution of this case.

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