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(영문) 서울북부지방법원 2020.08.28 2020고정377
저작권법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The abstract of the facts charged shall not infringe upon author's property rights and other property rights by means of reproduction, public performance, reception, exhibition, distribution, lending, or preparation of derivative works;

Nevertheless, around February 2019, the Defendant infringed on the author’s property right by displaying the author’s photographs containing the images, ingredients, functions, etc. of the relevant product without the author’s permission, while selling the products, such as “G, H, and I,” through C, D, and E, an online shopping intermediary in Gangnam-gu Seoul Metropolitan Government.

2. Determination

(a) Applicable provisions of Acts: Article 136 (1) 1 of the Copyright Act;

(b) An offense subject to prosecution subject to prosecution: The main sentence of Article 140.

C. The withdrawal of the complaint on February 27, 2020 after the institution of the indictment of this case

(d) Judgment dismissing public prosecution: Article 327 subparagraph 5 of the Criminal Procedure Act;

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