The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles (1) Each of the forms of this case published in the victim G works cannot be deemed as the works created by the victim due to the traditional pattern used in craft works, etc. from the examples.

(2) The Defendant did not know the existence of the victim’s literary work, and was provided with a traditional literary form to be used in each literary book of the Defendant’s literary work from K Professors affiliated with the J University Industry-Academic Cooperation Foundation, and paid the price for the provision thereof, there was no intention of copyright infringement.

B. In light of the fact that there is no benefit from the defendant due to the instant case of unreasonable sentencing, the first instance court’s punishment (two million won of fine) is too unreasonable.

2. Determination

A. (1) With regard to the assertion of mistake of facts and misapprehension of legal principles, each of the forms of this case is a creative production belonging to the scope of literature, science or art in order to be protected under the Copyright Act. As such, creativity is required as a requirement. It does not mean a complete originality, but merely means that a certain of the works does not simply imitate another's work, but includes the expression of the author's own ideas or emotions, and it is sufficient to distinguish it from the existing works of the other author in order to meet such requirements.

(See Supreme Court Decision 2002Do446 delivered on October 23, 2003, and 94Do2238 delivered on November 14, 1995, etc.). According to the evidence duly examined and adopted by the Health Center, this Court and the first instance court, each of the instant sentences were found by the victim G from various materials related to traditional Korean literature, and the victim’s name.