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(영문) 수원지방법원 안산지원 2017.05.25 2017고정276
저작권법위반
Text

All prosecutions against the Defendants are dismissed.

Reasons

1. The summary of the facts charged is that Defendant B was established for the purpose of designing machinery, etc., and Defendant A is the representative director of Defendant B.

A. A person who knowingly acquires a reproduction of the program created by infringing on the copyright of the program created by Defendant A shall not engage in an act of using it for business.

From June 29, 2011 to September 26, 2016, the Defendant installed a reproduction program of approximately KRW 19580,000,000,000 won, including 1,580,000 won, in total, on the computers of Company B, Inc., a member C311, in Ansan-si, Gyeonggi-si, Inc., the Defendant used for business purposes, by installing a reproduction program of approximately 2008, 1,958,00,00 won, which is a copyrighted work of the victim OroCAD (AutaD).

Accordingly, the defendant infringed the victim's copyright.

B. Defendant B, a representative of the Defendant, violated the above victim’s copyright in relation to the Defendant’s business at the above time and place.

2. Determination

(a) Article 136(2)4 of the Copyright Act, and Article 124(1)3-2 of the same Act: Defendant B Co., Ltd.: Articles 141, 136(2)4, and 124(1)3 of the Copyright Act;

(b) Crimes of non-violation of intention: Article 140 of the Copyright Act;

C. On May 2, 2017, after the prosecution of this case, the injured party expressed his/her intention not to be punished against the Defendants.

(d) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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