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(영문) 인천지방법원 2017.12.11 2017고정2777
저작권법위반
Text

All prosecutions against the Defendants are dismissed.

Reasons

1. Facts charged;

A. Defendant A is the representative of “B” corporation, which is a corporation operating the manufacturing of electronic parts and equipment parts, machinery and equipment, and design service business in the Nam-gu Incheon Metropolitan City, and the victim’s “D” (D; hereinafter “D”) is a copyright company that develops and supplies the workshop, and the victim’s “Korean and Computer” (hereinafter “Korean and Computer”) is a copyright company that develops and provides Hangul-related Austria products and services.

No person shall infringe upon any author's property right or other property rights protected pursuant to the Copyright Act by means of reproduction, performance, public transmission, exhibition, distribution, lease, or preparation of a derivative work.

On July 8, 2011, the Defendant reproduced the “Korean-computer” software in a way that does not know the “Korean 2007” copyright in the said B office, and used it until September 20, 2017, and infringed on the copyright of the victims by using the reproduction of the “Korean-computer” and the “victim”’s copyright for six times from July 8, 2011 to December 22, 2016, as shown in the list of crimes in the attached Table.

B. Defendant B, a representative director of the Defendant, committed the Defendant’s business violation as described in the above A. A.

2. Determination

(a) Applicable legal provisions: Article 136(1)1 of the Copyright Act (Defendant A) and Articles 141 and 136(1)1 of the Copyright Act (Defendant B);

(b) Offenses subject to prosecution: The main sentence of Article 140 of the Copyright Act.

C. On December 4, 2017, after the prosecution of the instant case, the victims submitted a letter of revocation of complaint to the effect that they do not want punishment against the Defendants.

Judgment dismissing Public Prosecution: Article 327 subparag. 5 of the Criminal Procedure Act

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