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The defendant's appeal is dismissed.
Reasons
1. The pictures of this case posted on the Defendant Company’s website around 2006 posted by the DNA of the Defendant Company. At the time, the Defendant had no intention or awareness of the infringement on author’s property right.
2. In full view of the following circumstances acknowledged by the evidence duly admitted and examined by the court below, namely, ① the person who manages the website on which the instant pictures were published, and ② the fact that the instant pictures were published continuously for a considerable period of time on the website managed by the defendant, the defendant may fully recognize the fact of infringement of copyright by posting the instant pictures on the website without the consent of the copyright holder, as shown in the judgment of the court below.
Therefore, the defendant's assertion is without merit.
3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.