The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

1. The gist of the grounds for appeal by the Defendant is as follows: ① (a) even though D cannot be deemed the Defendant’s employee after January 31, 2013, the lower court erred by misapprehending the facts, thereby convicting the Defendant of all the facts charged; and (b) not so,

Even if the sentence of the court below (the fine of KRW 3,00,000) sentenced to the defendant is too unreasonable.

2. As to the mistake of facts

A. The summary of the facts charged and the judgment of the court below (1) are as follows.

The defendant is a corporation with the purpose of distance education and lifelong education facility operation business in the 6th floor of Songpa-gu Seoul Metropolitan Government C building.

D, the Defendant’s employee from December 2, 2012 to September 16, 2014, copied 50 points of the photographic work of copyright owner E in the above office, and published them in the tables for F Publicity operated by the Defendant without the consent of the victim, thereby infringing on the copyright of the victim.

Accordingly, the Defendant infringed upon the Defendant’s copyright in the above way.

(2) As to this, the lower court found the Defendant guilty on the ground of its macro-examination.

B. On the other hand, "employee or other employee" under Article 141 of the Copyright Act includes not only a person who enters into an employment contract with a corporation or an individual and also a person who is directly or indirectly under the control or supervision of a corporation or an individual while using a corporation or an individual as his/her assistant, but also a person who is directly or indirectly under the control or supervision of a corporation or an individual. However, in full view of all the evidence submitted by the prosecutor, it is not sufficient to recognize that D had worked in the Defendant's company marketing team until January 31, 2013, and it is insufficient to recognize that the Defendant directly or indirectly controlled and supervised D thereafter, from the date of his/her withdrawal, D is in the position of the Defendant's employee or other employee.