All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) Since the integrated broadcast information system (BS) code (BS) code reproduced by the Defendant (hereinafter “instant bar code”) is a customized program produced on December 1, 2008 by entrusting the development to the victim Csax Co., Ltd. (hereinafter “victim Co., Ltd.”) on the part of December 1, 2008, since it is a customized program produced by Csax (hereinafter “Csax”) with the development, Defendant 1 is deemed to correspond to the work related to the work related, and it is copyright to Csax media.

B) Even if the original author of the bar code of this case is the victim company, he acquired the copyright of the bar code of this case or the right of free use of the bar code ex post.C) E program merely modified and modified part of the bar code of this case and does not constitute a derivative work.

Nevertheless, the court below found Defendant guilty of the facts charged of this case. The court below erred by misunderstanding facts or by misapprehending legal principles, which affected the conclusion of the judgment.

2) The sentence imposed by the lower court on the sentence of unfair sentencing (two months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service, which is unfair.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. As to the Defendant’s assertion of mistake of facts and misapprehension of legal principles, the author of the relevant legal doctrine refers to the person who created the work (Article 2 subparag. 2 of the Copyright Act). The author has author’s property right and author’s moral right, and such copyright does not require any procedure or form arising from the time of creation of the work.

(Article 10 of the Copyright Act. However, it is exceptional that the original contractor entrusts the production by borrowing only the human resources of the creator while planning the creation entirely and investing funds, and the creator manufactures and delivers only the original contractor for the original and the publication is made in the name of the original contractor.