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(영문) 대구지방법원 경주지원 2013.06.12 2013고단228
저작권법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is a person who operates a business of manufacturing, exhibiting, selling craft goods under the trade name of racing C.

On August 1, 2011, the Defendant, at the above C office, intended to submit works to the “E” held from August 19, 201 to August 25, 2011 at the exhibition center of the Korea Culture Center of the Republic of Korea, D, an incorporated association, to submit the photographs of “H” and “I”, which are the Defendant’s name of the web site, produced by the said exhibition from the “F” side, which is the Defendant’s name of the web site, produced by the victim G, stored in the said C. The F, under the Defendant’s photograph, 1,00 and 3,500 copies of the above H’s photograph and its personal records written under the Defendant’s photograph and the Defendant’s name, and distributed them to the Korean Association of the Republic of Korea, and the Association of 201.

As a result, the defendant prepared and distributed brochures and leafletss posted as if the victim was the defendant's work, and infringed the victim's copyright.

2. The facts charged in the instant case are crimes falling under Article 136(1)1 of the Copyright Act, and may be prosecuted only when a victim files a complaint under Article 140 of the same Act.

However, according to the decision of recommending reconciliation and the confirmation certificate center of April 8, 2013, which was bound in the records, the victim can recognize the fact that the victim has cancelled the complaint against the defendant after the indictment. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act

The Institute of Jind Co., Ltd.

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