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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2013.08.29 2013고정2057
저작권법위반
Text

All of the prosecutions of this case are dismissed.

Reasons

1. The summary of the facts charged is that Defendant A is the representative director of B, and Defendant B is a corporation established mainly for the manufacture and sale of electricity, electronic, and communications equipment.

No person may, without legitimate authority, use for business purposes a reproduction of a program made by means of reproduction, distribution, transmission, etc. of another person’s program work, or a reproduction of a program made by infringing copyright of the program without legitimate authority after being aware of that fact:

1. On April 25, 2013, the Defendant: (a) around 2013, at the office of Suwon-si C&A Co., Ltd. located in Suwon-si C&A Section 1201; (b) around 8 units of business-use computers installed therein; (c) three units of “AutoCAD 2004”; and (d) “AutaD 2006”, “AutaD 2008”, “AutaD 2010”, “AutaCAD 2010”, and “AutaD 2010”, “AutaD 2010”, with the knowledge of the existence of a copyright for business-use program, the victim, and the victim, and the victim, with the knowledge of the existence of a copyright.

2. Defendant B Co., Ltd., at the time and place specified in paragraph (1), copied and used the computer program of the above copyright holder without permission, as described in paragraph (1) above, with respect to the Defendant’s business.

2. The facts charged in the instant case are crimes falling under Articles 136(1)1 and 141 of the Copyright Act, and can be prosecuted only upon the complaint of the victim under Article 140 of the same Act. Since the victims may have acknowledged the withdrawal of the complaint against the Defendants on August 28, 2013, which is after the prosecution of the instant case, the prosecution of the instant case is dismissed in accordance with Article 327(5) of the Criminal Procedure Act.

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