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All of the public prosecutions against the Defendants are dismissed.
Reasons
1. Defendant A is the representative of Defendant B, and Defendant B is the company that manufactures automobile parts, etc.
A. The person who acquired the reproduction of the program created by infringing the copyright of the program created by Defendant A with the knowledge of the fact shall not use it for business purpose.
Nevertheless, the Defendant, at the office of the company B, located in the Seoul Special Metropolitan City, in the Seoul Special Metropolitan City, from the date in the name of the date to March 22, 2018, used the “Korean Language Program,” in which the victim company, the Korean computer, has copyright, “a known and known program,” the victim’s right-holder of the copyright, and “AutaCAD” program, which is the victim’s OroCAD, was created by infringing the copyright of the victims, and was installed on the business-use computer installed in the above office with knowledge of the fact that it was an illegal program created by infringing the victims’ copyright.
B. Defendant B, a corporation established for the purpose of manufacturing automobile parts, farming machinery parts, and steel plate processing business, etc., and at the time and place specified in paragraph (1), Defendant B, a representative of which infringed on the victims’ copyright as stated in paragraph (1), installed an illegal reproduction program in the computer for business purpose, thereby infringing on the victims’ copyright.
2. Each crime listed in the facts charged of judgment is a crime falling under Article 136(2)4 of the Copyright Act, which can be prosecuted only upon the complaint of the victim under Article 140 of the same Act.
According to the withdrawal of complaints and the application for non-criminal punishment prepared by D by the victim's complainant's agent who was bound in the trial records, the victims are recognized to have withdrawn complaints against the defendants.
Therefore, in accordance with Article 327 (5) of the Criminal Procedure Act, all of the prosecutions of this case against the defendants.