The defendant shall be innocent.

1. On December 201, 201, the Defendant entered into a contract with CJN Entertainment Co., Ltd. and CBV performance, and provided the victim E copyright to use the promotional materials for selling DVets, performance halls art works, etc. (work registration number F), Cbbliers (work registration number G), and TV Internet SPOT (work registration number H) with copyright.

Accordingly, at around December 201, the above employees in terms of company name were reproduced each of the above works without the consent of the victim, and sent and posted them on the D website in which the above works are sold and displayed, and around January 29, 2012, at the Kim Woo-dong 1159-2 performance hall in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Gwangju, the clock card and the Clicker's art reproduced.

From that time to June 13, 2012, the Defendant infringed the victim’s copyright over 16 times as shown in the list of offenses.

2. 저작권법의 보호를 받는 저작물인지에 관한 판단 이 사건 공소사실의 C캐리커처, C포스터(이하 이 사건 캐리커처 및 포스터라 한다)와 TV인터넷SPOT(이하 이 사건 인터넷스팟이라 한다)이 저작권법의 보호를 받는 창작성 있는 저작물인지 살펴본다.

Article 2 subparag. 1 of the Copyright Act provides that a work shall be “a creative production that expresses human thoughts or emotions.” Article 2 subparag. 1 of the same Act provides that a work is “a creative production that expresses human thoughts or emotions,” and creativity necessary to be protected as a work under the above provision of the same Act does not mean a complete originality, but merely means that a work contains an original expression of author’s own thoughts or emotions, not merely imitates another’s work. Thus, any expression that can only be identical or similar even if any, i.e., an expression that does not indicate the creative identity of the author of the work, cannot be deemed as a creative work, and Supreme Court Decision 205 Decided January 27, 2005