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(영문) 수원지방법원 2018.05.24 2018고정597
저작권법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the representative of the manufacturer B of plastic products.

No person shall infringe on the copyright of a program copyright holder by acquiring and using it for business purposes any reproduction of a program created by infringing another person's program copyright without any legitimate authority, upon the copyright of the program.

On September 15, 2015, the Defendant: (a) obtained a copy of a program created by infringing on copyright by using it until January 15, 2018, and acquired it with the knowledge of the fact, thereby infringing on the copyright of the victim; (b) obtained a copy of the program created by infringing on copyright by using it in the PC 3th (js-01, js-04, js-05) in the company by downloading the work of “NX’s computer program”, which is located in the “NX”, which is located in the “NX”, in the B office located in Masung-si; and (c) obtained it.

2. Determination

(a) Article 136 (2) 4 and Article 124 (1) 3 of the Copyright Act applicable to the facts charged;

(b) Crimes of non-violation of intention: Subparagraph 1 of the proviso to Article 140 of the Copyright Act, Article 136 (2) 4 of the Copyright Act, and Article 124 (1) 3 of the Copyright Act;

(c) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act (the victim's complainant's representative on May 4, 2018, which was after the prosecution of this case, expressed his/her intention not to punish the defendant in this court);

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