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(영문) 청주지방법원 2013.04.18 2013고정104
저작권법위반
Text

All prosecutions against the Defendants are dismissed.

Reasons

1. The summary of the facts charged is that Defendant A as the representative director of Company B, who is in charge of the management of computer and computer programs of the above company, and Defendant B is a corporation established for the purpose of improving and selling electric tools.

Defendant

A around November 21, 2012, the Defendant had the employees of the said company use copies of a total of 63 computer programs (a total of 73,045,600 won) as shown in the attached list of crimes, such as “Acrobat 9.0 Processal,” which was made by infringing copyright without the consent of computer program copyright holders, at the office B office located in the Chungcheongbuk-gun; and

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. The facts charged of the instant case are crimes falling under Articles 136(2)4 and 124(1)3 of the Copyright Act and Articles 141, 136(2)4 and 124(1)3 of the Copyright Act, and cannot be punished against the victim’s express intent pursuant to Article 140 subparag. 1 of the Copyright Act. The victims withdrawn their wish to punish the Defendants on April 16, 2013, which is the date the instant indictment was instituted. As such, the Defendants’ prosecution is dismissed in entirety pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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