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All prosecutions against the Defendants are dismissed.
Reasons
The facts charged of this case
A. Defendant B copied and used “E” program, which is a copyright holder D’s computer program work, on the Internet without permission of the copyright holder, in one computer installed in the A Development Office, a corporation located in C at the time of the Sinstition of the date (2017) and then installed on the computer without permission of the copyright holder.
Accordingly, the Defendant infringed the copyright of the copyright holder.
B. As to the Defendant’s business, the Defendant, a representative director, infringed on the copyright holder’s copyright by reproducing the copyright holder’s copyright as set forth in the above paragraph (1).
2. The facts charged in the instant case are the crimes falling under Article 136(1)1 (Defendant B) and Article 141 (Defendant Company) of the Copyright Act, which may be prosecuted only upon the complaint of the victim under the main sentence of Article 140 of the same Act.
However, according to the records, since the victim revoked the complaint against the Defendants on June 19, 2020, which was after the prosecution of this case, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.