The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is that the Defendant, at the time of committing the crime, representing the D Research Institute and managing the overall affairs of the D Research Institute, thereby running the D Research Institute, and is subject to joint penal provisions under Article 141 of the Copyright Act.

2. Article 141 of the Copyright Act provides that when a representative of a corporation, or an agent, employee or other servant of the corporation or an individual commits an offence under Chapter XI of the Copyright Act in connection with the business of the corporation or the individual, the corporation or the individual shall be punished by a fine under each relevant Article in addition to the punishment

The prosecutor asserts that the D Research Institute must submit the statement of accounts to the president and manage the settlement of accounts separately from the school juristic person, and that the defendant is the subject of the joint penal provisions of Article 141 of the Copyright Act, since the D Research Institute is reappointed for about 11 years and uses the D Research Institute as an individual research institute.

However, according to the following circumstances acknowledged by the record, (i) the establishment and abolition of a research institute shall be determined by the president; (ii) its finance shall be appropriated from school expenses, academic service proceeds, donations, and other subsidies; (iii) all the head, researchers, and employees of a research institute shall be appointed and dismissed by the president of the Cuniversity; (iv) the D Research Institute shall submit its annual report of accounts to the president and obtain approval; (iii) its operating profit and loss will not be attributed to the president of the D Research Institute; and (iv) the Defendant appears to have served as the president of the D Research Institute for about 11 years, but has been newly appointed by the president each time its term expires; and (v) its business rights and duties shall not be deemed a separate institution whose head is the president, as alleged by the prosecutor.