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(영문) 부산지방법원 2016.11.04 2016고정336
저작권법위반
Text

The Defendants are not guilty.

Reasons

1. The summary of the facts charged is that Defendant A is a director of Defendant C’s intra-company, who engages in the sloping design business as a director of the company, Defendant B is a scarf of Defendant A and the representative director of Defendant C, and Defendant C is a corporation established for the purpose of the saconization manufacturing business. A.

Defendant

A or B shall not infringe upon author's property rights or other property rights protected pursuant to this Act by means of reproduction, performance, public reception, exhibition, distribution, lease, or preparation of derivative works.

On May 12, 2015, the Defendants used the retaining wall design design design design design (the same as the attached design; hereinafter referred to as “instant design”) of the victim G company G, a work for the business of the victim company G, the copyright holder, and infringed the author’s property right of G, the copyright holder, without the consent of the victim company G.

B. Defendant C, the representative director of the Defendant, Defendant B, and Defendant A, the inside director of the Defendant, are above the Defendant’s business.

The same violation as the paragraph was committed.

2. The Defendants and the defense counsel’s assertion of the facts charged prior to the judgment on the charge, and the Defendants and the defense counsel submitted a letter of revocation of the complaint to the court on February 5, 2016 by H, the representative director of G (hereinafter “victim”) who is the copyright holder, to the court. As such, the prosecution against the Defendants should be dismissed pursuant to the main sentence of Article 140 of the Copyright Act. Even if the facts charged in the instant case does not constitute an offense subject to prosecution, the instant bill does not constitute “occupational work” of the victim, and does not constitute the victim’s copyright, and is not the victim’s company. ③ The design design submitted by the Defendants prior to the F public invitation organized by the Busan Jin-gu Office around May 2015 is identical only to the idea using the instant design and I, and is also bilateral in terms of creative expression protected under the Copyright Act.

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