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(영문) 서울동부지방법원 2019.11.28 2019고정1086
저작권법위반
Text

All of the public prosecutions against the Defendants are dismissed.

Reasons

1. Defendant A is the representative director of Defendant B, and Defendant B is a corporation established on May 1, 2014 for the purpose of design, supervision, inspection, construction business and fire-fighting materials wholesale and retail business.

No person shall, without legitimate authority, infringe any work by means of reproduction of another person’s work having author’s property right, nor use for business purpose any reproduction made by means of infringement on the copyright of the program with the knowledge of such fact.

A. Nevertheless, from August 20, 2015, Defendant A, at the office of the Gangdong-gu Seoul Metropolitan Government building and the office of the stock company B located in the third and fourth floors, Defendant A copied 3 computer program E, F 19, G 1, H 1, and I 27 (the total amount of 158,090,000 won for the calculation of the product price of unlawful reproduction program (presumed, the Korea Copyright Protection Board)) without legitimate authority, and infringed the complainant’s copyright by acquiring it and using it for business purpose.

B. Defendant B Co., Ltd. violated the copyright of the above program copyright holder in the above manner, at the time and place specified in paragraph (1).

2. Determination

(a) Applicable provisions of Acts: Articles 141 and 136 (1) 1 of the Copyright Act;

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

C. Revocation of complaint: on October 24, 2019, the victim's complainant's agent submitted a written application for withdrawal of complaint and a written application for non-compliance with punishment to the effect that the complaint against the Defendants is revoked to the court.

Judgment dismissing public prosecution: Article 327 subparagraph 5 of the Criminal Procedure Act

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