All appeals by the Defendants are dismissed.

1. Summary of grounds for appeal;

A. Defendant A was unaware of the fact that the employees of Defendant B Co., Ltd. (hereinafter “Defendant Company”) illegally reproduced or used each of the instant programs, and in particular, the program was installed by 3D-tudio-Max 2010, Autod 208 program, which was used regardless of the work of the Defendant Company.

B. The sentence imposed by the lower court (the Defendant: each fine of KRW 700,000) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the court below held that ① in the case of unauthorized reproduction of a work without permission, it may be copyright infringement even if the work was not used, ② there are many files made using the 3D-tudio-Max 2010, Autodd 208 program installed on the computer used by employees G of the defendant company, and their files appear to have been made in relation to the work of the defendant company in light of the file name; ③ the computer of the employees of the defendant company appears to have been reproduced and used in relation to the work of the defendant company; ④ In light of the above circumstances, the defendant Gap was unaware of the reproduction of each program of this case.

In full view of the fact that the Defendant Company cannot be deemed to have neglected due care and supervision to prevent copyright violations, the Defendant Company convicted the Defendants of the instant facts charged.

Many circumstances cited by the court below are as follows, i.e., the program of this case is a software that is basically required in the document work or architectural office using a computer, and ii) a person who can use 3D-max as alleged by the Defendants, and the employment is not actually employed.