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All of the prosecutions of this case are dismissed.
Reasons
1. Defendant A is an internal director of the corporation B, and Defendant B is a corporation that manufactures intelligent vehicle electric equipment and parts from the sixth floor of the building C in Nam-gu Incheon Metropolitan City. A.
Defendant
A around July 2018, the Defendant infringed on the copyright of the said copyright holder by arbitrarily reproducing and using a “E” program work owned by D’s company on a computer in an unsound manner.
B. Although Defendant B, a inside director, infringed copyright as above on Defendant’s business, Defendant B did not exercise due care and supervision to prevent such infringement.
2. Determination
(a) Applicable provisions of Acts: Article 136 (1) 1 of the Copyright Act (Defendant A), Articles 141 and 136 (1) 1 of the Copyright Act (Defendant B);
(b) Offenses subject to prosecution: Article 140 of the Copyright Act.
C. Declaration of withdrawal of complaint: Submission of a written agreement on December 26, 2018 to the effect that the injured party’s agent will revoke his/her complaint to the Defendants to this court on December 26, 2018, after the institution of this case
(d) Judgment dismissing public prosecution: Article 327 subparagraph 5 of the Criminal Procedure Act;