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(영문) 서울남부지방법원 2019.11.20 2019고정744

저작권법위반

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person who uses a MAC Addis D computer connected to the Internet while taking charge of design work in Geumcheon-gu Seoul Metropolitan Government Co., Ltd.

No person shall infringe upon author's property rights or other property rights protected pursuant to the Copyright Act by means of reproduction, performance, public transmission, exhibition, distribution, lending, or production of derivative works.

Nevertheless, from January 24, 2017 to July 17, 2018, the Defendant used the MAC computer that was assigned with the IP address (E) in the office of the said CF, and used the MA software that was obtained without permission from the Internet on November 30, 2016 by the victim F, a copyright, as a computer program work.

Accordingly, the defendant infringed the victim's copyright by reproducing the victim's copyright.

2. Determination

(a) Applicable provisions of Acts: Article 136 (1) 1 of the Copyright Act;

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

C. On November 13, 2019, submission of a letter of withdrawal of complaint after the instant indictment was instituted.

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