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(영문) 창원지방법원 마산지원 2017.04.20 2017고정141
저작권법위반
Text

Each indictment against the Defendants is dismissed.

Reasons

1. The summary of the facts charged C is an enterprise engaged in the manufacture and sale of internal combustion engine parts located in Hanam-gun, Hanam-gun, E is a copyright holder of 'F', a design program, and G is a copyright holder of 'H' program, a structural interpretation program.

No person shall, without legitimate authority, use for business purposes a reproduction of a program created by means of reproduction, distribution, transmission, etc. of another person’s program work, or by infringing on copyright of the program without legitimate authority after acquiring it with the knowledge of such fact.

1. Defendant A was working for the vice president and technical research institute in C from around 2012 to April 2015.

On early 2014, the Defendant received a request from the agent of the company E to purchase and use the F program without permission, which is used by the company C without permission, and ordered the employees of the said company to delete all of the F program being reproduced and used without permission.

Since then, the Defendant heard that the employees working at the above company’s technical research institute could not engage in the work unless using the F program. On February 2014, at the above company’s technical research institute office, the Defendant instructed the employees of the above company’s technical research institute to use the F program which was reproduced without permission until purchasing the F product, and ordered the employees of the above technical research institute to install the F program which was reproduced without permission on the computer of the employees requesting F installation. The Defendant installed eight F program installed and used by the employees of the above company’ technical research institute and the above company’s technical research institute without permission on their computers.

Accordingly, the Defendant instigated copyright infringement by the employees B, etc. of the above company's technical research institute.

2. Defendant B

A. The Defendant violated the Copyright Act regarding F Programs.

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