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(영문) 대전지방법원 천안지원 2017.03.09 2017고정5
저작권법위반
Text

The prosecution of this case is dismissed.

Reasons

1. It shall not be infringed by means of reproduction, performance, public transmission, exhibition, distribution, lease, or preparation of a derivative work, property right or other property right protected pursuant to the Copyright Act;

On March 2, 2016, the Defendant did not purchase the “PDL” software, which is a victim’s work, at the office of “C” located in Nam-gu, Nam-gu, Seoul, and did not purchase the “C” software, but installed and used it without permission, thereby infringing on the victim’s property right.

2. The instant crime is an offense falling under Article 136(1)1 of the Copyright Act, which can be prosecuted only when a victim files a complaint under the main sentence of Article 140 of the same Act.

According to the records of this case, the victim may recognize the fact of revoking the complaint against the defendant on February 8, 2017, which was after the prosecution of this case. Thus, the prosecution is dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act.

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