The defendant is a juristic person established for the purpose of manufacturing and selling medicines.

Defendant

On July 27, 2004, the director of the public relations office design team division A, who is an employee of the above company, requested packaging materials from the design camp for the defendant company's product, and used them.

The design supplied by the above design campaign to the defendant company was reproduced and used by the victim's 'Vol 10 CD Lyer 2'(WUS-001) recorded in the victim's work of art B, and received notification of copyright infringement from the victim on November 3, 2010.

Defendant

The director A of the public relations office design team division of the company was notified that the design used in the product of the defendant company infringes on the copyright of the victim and was received around November 3, 2010, and thus, the victim's copyright infringement was recognized at that time.

Nevertheless, the director A of the public relations office design team division of the defendant company infringed the victim's copyright by allowing the defendant company to continue to distribute products using the design from November 3, 201 to September 14, 201.

Accordingly, A, who is an employee of the defendant company, infringed the victim's copyright in relation to the defendant's work.

2. In contrast, it is a crime falling under Article 141 or 136 (1) 1 of the Copyright Act, and there is no indication that an act falling under Article 136 (1) 1 of the Copyright Act is committed for profit or habitually for the purpose of profit-making.

A case may be prosecuted only upon the victim's complaint. According to the letter of withdrawal of complaint received on January 11, 2013, the complainant B may recognize the cancellation of complaint against the defendant on January 11, 2013, which is after the prosecution of this case.

3. Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.

It is so ordered as per Disposition for the reasons above.