The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Article 137(1)1 of the Copyright Act provides that an act of using a work under the real name or pseudonym of a person who is not the author shall be punished. The term “public label” under the above provision refers only to a case where the work is made public or is made public for the first time. Thus, the act of re-issuing the work by falsely indicating the author who was already published, not the book being first published, does not constitute the “public label.”

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case, thereby adversely affecting the conclusion of the judgment by misapprehending the legal doctrine on “official title” under the Copyright Act.

B. The punishment sentenced by the lower court (the penalty amounting to KRW 10 million) is too unreasonable.

2. Determination

A. Determination on the assertion of misapprehension of the legal doctrine 1) Article 137(1)1 of the Copyright Act provides that a person who has made a work public under the real name or pseudonym of a person other than the author shall be subject to criminal punishment.

The purpose of the above provision is to protect the credibility of the society in the name of the author as well as the real personal rights of the author, which are expressed as the author by a person other than the author on his own work against his own will and against his own will by a person other than the author.

Considering such legislative intent, the crime under the above provision is established as long as a work is made public by indicating a person who is not the author as the author, and the trust in the society is not damaged in light of the social norms.

Unless there are special circumstances, such publication does not change even if there is the consent of the author and the actual author in such publication.

In addition, publication under copyright law shall be made to the public by means of public performance, public transmission, display and other means.