The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (the factual error or misunderstanding of legal principles) recognized the identity and creativity of the photographer in the mouth, background, color, etc. of the photograph of this case, and thus, the above photographer constitutes a photographer work. Even if there are some similaritys between the photograph of this case and the photograph provided by the defendant, it constitutes a joint work between the victim and the defendant. Thus, even though the defendant's arbitrary use of the photograph of this case infringed on the victim's copyright, the court below acquitted the defendant of the facts charged against the defendant. Thus, the court below erred by misunderstanding facts or by misapprehending legal principles

2. Determination

A. The summary of the facts charged of this case shall not be infringed by means of reproduction, performance, public transmission, display, distribution, lease, or preparation of derivative copyrighted works without consent to author’s property rights or other property rights protected by the Copyright Act.

Around October 2011, the Defendant requested the victim media 2.0 straws Co., Ltd. to publicize and sell products, such as golf-practice and golf-string distance measuring instruments, and the victim directly produced the pictures of ① golf-string distance measuring instruments and golf-string photographs, ② golf-string photographs and ③ “string-string-string-string-string-string-string-string-string-string-string-string-string-string photographs.”

On the other hand, the Defendant received a draft for newspaper advertisement containing the above photographs from the victim, and did not pay publicity expenses to other sellers, using the above photographs to sell the said pictures.

around May 2012, the Defendant sent a newspaper advertising file containing the victim’s above pictures at the Defendant’s house located in Gangdong-gu Seoul Metropolitan Government to D, who is a partner, by e-mail. At that time, the Defendant informed D of the victim’s online site, etc. on which the above pictures are posted, so that he/she downloads the above pictures.