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(영문) 서울서부지방법원 2019.05.15 2019고단1065
저작권법위반
Text

The prosecution of this case is dismissed.

Reasons

1. No summary of facts constituting an offense shall be infringed by means of reproduction, performance, public transmission, public transmission, display, distribution, lending, or preparation of secondary works, of author's property rights or other property rights protected pursuant to the Copyright Act;

Nevertheless, around June 2018, the Defendant posted the video files of the film “E,” “F,” and “G”, which are video works of the victim corporation, without legitimate authority, for the purpose of receiving download profits by accessing the Internet Csite by using computers at the Defendant’s home located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, and the first floor.

Accordingly, the defendant infringed the victim's property right by putting the victim's cinematographic work up for profit.

2. According to the provisions of Article 140 of the Copyright Act, an infringement of author’s property right in a violation of Article 136(1)1 of the same Act may be punished only upon the victim’s complaint. As the victim withdraws the instant complaint on January 3, 2019, the prosecution of this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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