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(영문) 의정부지방법원 고양지원 2013.03.27 2013고정44
저작권법위반
Text

All of the prosecutions of this case are dismissed.

Reasons

1. Defendant B is a corporation established for the purpose of designing, manufacturing, selling, and equipment business for electrical machinery and power generators, and Defendant A is a managing director of Defendant B, who manages and controls the computer and computer program management of said corporation.

Defendant

A around July 4, 2012, the Defendant had the employees of the said company use copies of a total of 63 computer programs (which are equivalent to KRW 19,831,200 at the fixed price) as indicated in the attached crime list, such as 53 L.S. Research Institute of Integy Gathering, which was made by infringing copyright without the consent of the copyright owner of computer programs at the office of the said company, at the time of Pakistan-si.

Accordingly, the Defendant infringed on the copyright of the copyright holder respectively.

B. Defendant B, at the above date and place, infringed upon the copyright holder’s copyright in relation to the Defendant’s business as above.

2. We examine the judgment. Each of the facts charged is a crime falling under Article 136(2)4, Article 124(1) or Article 141, Article 136(2)4, or Article 124(1) of the Copyright Act, and cannot be punished against the victim’s express intent pursuant to Article 140 subparag. 1 of the same Act. Since victims withdraw their wish to punish the Defendants on March 27, 2013, the prosecution of this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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