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(영문) 울산지방법원 2013.08.06 2013고단1830
저작권법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant is a person who operates an entertainment drinking house under the trade name of "C" in Ulsan-gu B.

In order to use musical works in the above entertainment tavern, the Korean Music Copyright Association, a victim, shall pay user fees and obtain permission for use from the Korea Music Copyright Association.

Nevertheless, the Defendant did not pay 83,000 won per month between September 2012 and March 2013, and did not pay 581,000 won per month between them, thereby infringing the Defendant’s author’s property right by allowing an unspecified customer to perform a large number of stories other than F of D writers and E valleys.

2. The facts charged above are crimes falling under Article 136 (1) 1 of the Copyright Act and cannot be prosecuted only when a complaint is filed under Article 140 of the same Act.

However, on May 6, 2013, the complainant revoked the complaint against the defendant, which was after the prosecution of this case was instituted.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.

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