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(영문) 창원지방법원 2017.07.05 2017고정484

저작권법위반

Text

All of the prosecutions of this case are dismissed.

Reasons

1. Summary of the facts charged

A. Defendant A’s copyright was infringed on the use of P-CAD, which is a computer program work created by the victim, without obtaining permission for the use of the victim Alti Lti, the copyright holder at the above office on November 8, 2016, by reproducing P-CAD, which is a copyrighted computer program work created by the victim, in an irregular manner, under the trade name of Sungwon-gu C and 1 Dong 2-5, Inc. B.

B. As set forth in paragraph (1) of this Article, A, the representative of Defendant B’s Defendant, infringed on the copyright of the victim by reproducing P-CAD, which is a copyrighted computer program work created by the victim by an influence.

2. The facts charged in the instant case are crimes falling under Article 136(1)1 of the Copyright Act or Articles 141 and 136(1)1 of the same Act, and may be prosecuted upon a complaint filed by the victim pursuant to Article 140 of the same Act.

According to the records, the victim submitted a letter of revocation of the complaint to the Defendants on June 29, 2017, which was after the prosecution of this case, to this court. Thus, all of the prosecution of this case is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.