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(영문) 서울중앙지방법원 2013.07.05 2013노1106
컴퓨터프로그램보호법위반
Text

The judgment of the court below is reversed.

Each public prosecution against the Defendants is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles 1) The F Program’s lux file (LIP), construction-related hearts, and LIB program reproduced the EIS file, construction-related hearts, and LIB program of another program. Since construction-related table, LIB program, and LIB file cannot be deemed as creative, the program cannot be deemed as a work subject to the protection of the Computer Program Protection Act. 2) The “K program,” which the Defendants sold and distributed, did not directly provide the lux file with the function of using the lux file, is merely a part of less than 6% of the reproduced LI program, and it cannot be said that the FIB program infringed the program copyright.

3) Each file of this case was reproduced at will without notifying Defendant A, etc. at the time when M was employed in N Co., Ltd., and thus, the Defendants intentionally infringed the program copyright of each of the instant files. B. The lower court’s sentence of unfair sentencing (each fine of KRW 7 million) is too unreasonable. The lower court’s judgment on the grounds that the Defendants’ act was unfair. 2. The lower court, in the course of the lawsuit, did not err by misapprehending the legal doctrine of “F” program (LIP), construction-oriented expenses and Lonebler program, and bitl file, such as the bit file, s file, such as the bit file, s file, shotdythic body body, 1stic body body body body body, and slact

The Supreme Court found the Defendants guilty of violating the Computer Program Protection Act by selling reproduced products, and the trial prior to the remanded the case dismissed the Defendants’ appeal, and the Defendants appealed to the Supreme Court.

The Supreme Court held that the program copyright owner of F’s “F” program at the time of the program copyright infringement period indicated in the facts charged is P. Since the program copyright owner of each of the instant sponsor files is Q, the instant indictment based on L’s complaint, which he claims as the program copyright owner of F, is legitimate.

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