The judgment of the court below is reversed.

Defendants shall be punished by a fine of KRW 300,000.

Defendant

A does not pay the above fine.

1. The summary of the grounds of appeal reveals that the act of posting a summary of 27 photographs (the photographs shown in the attached Form No. B (hereinafter referred to as “instant pictures”) taken by Defendant A (H; hereinafter referred to as “the instant copyrighted works”) on the Defendant Company B’s website without the victim’s consent, the copyright holder of the instant copyrighted works, constitutes infringement of the victim’s copyright, and thus, the lower court acquitted the Defendants of the charge of violating the Copyright Act, or erred by misapprehending the legal doctrine.

2. Determination

A. According to the evidence duly admitted and examined by the court below and the court below, among the instant pictures, the following can be acknowledged: (a) in the case of ①, ② J, ③ K, ④ L, ⑤ M, 6, N, 7O, and P’s photographs (hereinafter “instant infringed photographs”) among the instant pictures, the creative form of expression can be found to have been revealed visually, since the instant copyrighted works are located in the center or in the form of the size and form that most recognizable.

Thus, the infringing photographs of this case are recognized as having substantial similarity with the copyrighted works of this case in its creative expression form, and it is difficult to see that the defendants' act of posting the infringing photographs of this case on the website is consistent with fair practices to the extent reasonable. Thus, the defendants' act constitutes infringement of the victim's copyright.

B. However, in the case of the instant photographs other than the instant infringed photographs, the creative form of expression is visible from a visual point of view as it is located in the center or in the size and form that most of the instant copyrighted works can be perceived.