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(영문) 의정부지방법원 2013.03.28 2012고정1633
저작권법위반
Text

All of the public prosecutions against the Defendants are dismissed.

Reasons

1. Summary of the facts charged in this case

A. Defendant A established and operated up to the present day Defendant B Co., Ltd. (hereinafter “Defendant A”) that manufactures medical appliances and wholesale and retails them at the time of the Government of the Republic of Korea on September 1, 1997.

Defendant

A at the Defendant Company’s office, the foregoing place as seen earlier, the Photosop CS2 1, June 7, 2011, and January 5, 2012, the complainants on May 17, 201, and March 4, 2011, and the same year.

9.19. The 19.2 19. The two persons for Pro-ENGINE WER 4.0, May 25, 2011, and the same year.

9. 16. The complainant’s copyright was infringed upon by using 8.0 Dump Co., Ltd. from that time to February 2, 2012, after installing 8.0 Dump Co., Ltd. on five computers for business without the consent of the complainant who is each copyright holder.

B. Defendant Company

Defendant A, an employee at the time and place specified in the paragraph, infringed upon the copyright holder’s copyright in relation to the Defendant Company’s business.

2. Of the facts charged in the instant case, the charges against Defendant A, among the facts charged, are crimes falling under Article 136(1) of the Copyright Act and Articles 141 and 136(1) of the Copyright Act, and may be prosecuted only when a complaint is filed pursuant to the main sentence of Article 140 of the Copyright Act. According to the records, the complainant may acknowledge the fact that he/she fully revoked the Defendants’ complaint on December 21, 2012, which is the date of the instant indictment. Accordingly, the indictment against the Defendants is dismissed in accordance with Article 327 subparag. 5 of the Criminal Procedure Act. It is so decided as per Disposition.

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