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(영문) 서울북부지방법원 2020.04.28 2020고정400
저작권법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of facts charged shall not infringe upon author's property rights or other property rights protected pursuant to this Act by means of reproduction, performance, public transmission, exhibition, distribution, lending, or preparation of secondary works;

Nevertheless, around March 2019, the Defendant infringed on the author’s property right by selling its products via a C site (D), an online shopping mall operated by the Defendant in Gangnam-gu Seoul, Seoul, and without the author’s permission, displaying the images, ingredients, functions, etc. of the products to the above site without the author’s permission.

2. Determination

(a) Applicable provisions of Acts: Article 136 (1) 1 of the Copyright Act;

(b) Offenses subject to prosecution: The main sentence of Article 140 of the Copyright Act.

C. On March 16, 2020 after the institution of the instant indictment, submission of an application for withdrawal of a complaint and a non-prosecution of punishment

(d) Judgment dismissing public prosecution: Article 327 subparagraph 5 of the Criminal Procedure Act;

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