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(영문) 대구지방법원 2013.03.20 2012고정4566
저작권법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, a person operating Daegu Suwon-gu BPC bank without legitimate authority, was not in violation of the copyright by reproducing the program copyright of another person without legitimate authority, but the Defendant, without legitimate authority, infringed the copyright of the copyright holder by providing the said program to many unspecified persons for a commercial purpose without permission of the copyright holder, from early December 2009 to September 7, 2012, “Winows 7”, which is a computer operating body in which the Microf CF is copyright, from the early December 2, 2009 to the early September 2, 2012, when the Defendant was aware of the fact that the total market value of the 74 computer program “Winows 7,00,000,” which is a computer operating body in which the Microf CF is copyright.

2. The facts charged of this case fall under Articles 136(2)4 and 124(1)3 of the Copyright Act and thus cannot be prosecuted against the victim’s express intent pursuant to Article 140 subparag. 1 of the Copyright Act. According to the statement in the letter of withdrawal of complaint filed in the records, it can be acknowledged that C withdraws his/her wish to punish the defendant on January 16, 2013, which is the date of the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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