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All prosecutions against the Defendants are dismissed.
Reasons
1. Defendant A is the head of the team belonging to the leisure support team belonging to C E welfare center located in Ulsan-gu, Ulsan-gu, and Defendant B is the head of the team belonging to the above welfare center lifelong education team, and Defendant C is a corporation established for the purpose of operating the social welfare center.
1. No defendant A shall infringe upon author's property right or other property rights protected pursuant to the Copyright Act by means of reproduction, performance, public transmission, exhibition, distribution, lease, or second-class copyrighted works;
Nevertheless, around August 6, 2015, the Defendant displayed and infringed “G (work number: H)” created by F, a copyright holder, at the above E-Welfare Office’s office on August 8, 2015, 10 times in total, from the time when posting a notice on the welfare center’s website (I), to March 27, 2019, the Defendant displayed and displayed the said F’s author’s property rights and other art works protected under the Copyright Act, as shown in attached Table 1(I).
2. No defendant B shall infringe upon author's property rights or other property rights protected under the Copyright Act by means of reproduction, performance, public transmission, display, distribution, lease, or second-class copyrighted works;
Nevertheless, around April 8, 2016, the Defendant displayed and infringed “G (work number: H)” created by F, the copyright holder, at the above E-Welfare Office’s office, on eight occasions in total, as shown in the [Attachment Ⅱ]’s performance by J Art Group from around March 27, 2019, at the time when posting the “G (work number:H)” on the website of the above Welfare Center.
3. The Defendant C, a social welfare foundation, committed an act in violation of the above paragraphs (1) and (2) with respect to the Defendant’s business at the same time and place as indicated in the above paragraphs (1) and (2).
2. The case of a juristic person under Article 136(1)1 of the Copyright Act, which is determined.