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(영문) 창원지방법원 2014.09.04 2014고정776
저작권법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged, for a period of eight months from November 1, 2012 to June 30, 2013, the Defendant infringed on the author’s property right by performing “D(E writers and E’)” a musical work for unspecified customers without obtaining approval for use from the Korea Music Copyright Association, an incorporated association that takes charge of musical works in trust at a business establishment called “Camnobio-si B building 302” in Sungwon-gu, Sungwon-si.

2. The facts charged of this case are crimes falling under Article 136(1) of the Copyright Act and can be prosecuted only when a complaint is filed pursuant to the main sentence of Article 140 of the same Act. According to the records, the Korea Music Copyright Association, which is the complainant, can recognize the fact that the complaint against the defendant was withdrawn after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparag. 5

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