The defendant shall be innocent.

1. The Defendant is a person who is engaged in the production of promotional materials, advertising planning, etc. as a franchise in the facts charged.

On June 20, 2014, the Defendant, at the request of the E of the D Study Institute in Seocho-gu Seoul Metropolitan Government, made a work using the copyrighted work within the scope of the method of use and conditions permitted under a contract with the Victim F (Representative G).

Although the Defendant could not use the copyrighted work for the purpose of posting on the website on the media of this flive marketing (blogs, car pages, and SNS) in which the Defendant was a member of a company, the Defendant posted five females of photographed Works, such as the [Attachment 277524, 277526, 277716, 334963, 46749] as the Defendant had copyright, and infringed the victim’s copyright.

2. Determination

A. The Defendant and his defense counsel asserted that they produced the printed materials by using 5 females of photographic Works, such as the attached Form in which F Company was copyrighted (hereinafter “the instant copyrighted works”) within the reasonable scope of authority, upon receiving a request for production of printed materials for publicity from the Korea Institute of Education.

Without the involvement of the defendant, the work of this case was posted to the Blostical Institute of D's D's School.

B. 1 Determination 1) According to each description of the witness E’s legal statement, text message (the page 87 of the evidence record), Defendant’s evidence Nos. 1 through 5, the following facts are recognized:

A) The Defendant, as a business member of H site, was entitled to use works of F Co., Ltd. within the scope of printing design.

The Defendant produced printed materials using the instant copyrighted work in which the F Co., Ltd. had copyright, upon receiving a request for production of printed materials for publicity from the D Research Institute.

In the process of producing the above printed materials, the defendant shall make a proposal of printed matters to E by e-mail.