The prosecutor's appeal is dismissed.

1. The summary of the facts charged is a person who has been in charge of the secondary project team of the advancement of GOC with the vice head of B Co., Ltd. (hereinafter “B”).

The defendant from the end of April 2009 to the same year

5. From October to June 30, 2009, at the H Research Institute located in Daejeon, a corporation I (hereinafter referred to as “responor company”) drafted a retransmission service program programming (program ID: J and file name: K) program (hereinafter referred to as “instant program file”) in which the program copyright is held by the Company I (hereinafter referred to as “responor company”) and then, the said G Co., Ltd.’s branch staff were permanently employed from that time to June 30, 2009.

Accordingly, the defendant infringed the program copyright of the accused company without legitimate title.

2. The lower court acquitted the Defendant on the ground that it is difficult to deem that the Defendant and theO had a perception of copyright infringement.

3. The summary of the grounds for appeal (the factual error and the misapprehension of legal principle) ① Ownership of the source code under the contract between the complainant and B is the complainant, and the complainant company deleted the program and source code on April 21, 2009, and thus there is no authority to initiate the program and source code (hereinafter “G”) or B thereafter (hereinafter “G”), and ② the defendant is in fact a person in charge of practice as an intermediate manager, and thus an indirect crime or a teacher's crime is established. Thus, the judgment of the court below which acquitted the defendant, is erroneous in the misapprehension of legal principle or erroneous in the misapprehension of legal principle.

4. Determination

A. The following facts are acknowledged according to the evidence duly admitted and examined by the court below and the court below.

On July 22, 2005, B, a comprehensive information and communications company, ordered " QOC platform advancement and development project" to build a G P system from G and upgrade it for the next five years. On the same day, B, a comprehensive information and communications company, intended to develop and manufacture a broadcasting-related computer program, P. G between the complainant and the company specialized in the development and production of the broadcasting-related computer program.