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(영문) 수원지방법원 2013.03.14 2012고정3411
저작권법위반
Text

Each public prosecution against the Defendants is dismissed.

Reasons

1. The summary of the facts charged is that Defendant A is the representative director of Company B, and Defendant B is a corporation established for the purpose of manufacturing and selling electronic components. A.

Defendant

A From October 16, 2007 to July 16, 2012, the Defendant used 55 programs (1,156,016,485 won at the fixed price of goods) without permission for reproduction of a total of 55 programs (1,156,016,485 won) as shown in the attached list of crimes, which had copyright in the fish program C Office 102, 1006, 102, and 1006, for the purpose of business, the Defendant infringed the copyright of the said copyright owner.

B. Defendant B, a representative director, infringed on the copyright of the copyright holder as set forth in paragraph (1).

2. The facts charged against Defendant A are crimes falling under Article 136 (1) 1 of the Copyright Act. The facts charged against Defendant B are crimes falling under Articles 141 and 136 (1) 1 of the Copyright Act, which can be prosecuted only upon the victim’s complaint under the main sentence of Article 140 of the Copyright Act. According to the records in the letter of withdrawal of complaint filed in the records, the victims may recognize the fact that all the Defendants’ complaint was withdrawn on January 25, 2013, which was the date the instant indictment was instituted. Accordingly, the Defendants’ complaint is dismissed pursuant to Article 327 (5) of the Criminal Procedure Act.

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