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(영문) 서울중앙지방법원 2012.08.24 2012노564
저작권법위반
Text

The judgment of the court below is reversed.

Defendants shall be punished by a fine of KRW 500,000.

Defendant

A does not pay the above fine.

Reasons

1. Summary of the facts charged before the amendment and the judgment of the court below

A. The summary of the facts charged prior to the alteration is Defendant A’s representative director, Defendant B’s company, and Defendant B’s company engaged in sales and lending of images such as pictures, pictures, and list. Defendant A posted a photograph on the Internet homepage (F)’s office located in Jung-gu Seoul, Jung-gu, Seoul, on December 22, 2010, about 159 of the victim’s copyright by posting a photograph taken by “H (hereinafter “the instant design”).” without the consent of the victim’s G on the Internet homepage (hereinafter “the instant design”). Defendant B’s employee, at the same time and place, infringed the victim’s copyright by posting a photograph as above with respect to the Defendant B’s business.

B. The lower court determined that the Defendants continued to operate so-called so-called so-called Mabius, which brokers the lease and sale of pictures, and when the photographer infringes on a third party’s rights, the Defendants agreed to bear all the responsibility of the photographer. At the time of the Korea-Japan World Cup 2002, many citizens engaged in providing support to the Korean stable team by wearing red rayers or two copies expressing the image of the “red red spats” in color. Since the above support culture was held in 2006 and 2010, the Defendants continued to have taken advantage of the common elements such as red spats, etc., and thus, the difference between individual designs or designs was considered not to have been expressed, and thus, the Defendant merely taken the instant photographer’s photograph to wear them on its website to assist the representative team of Korea.

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