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(영문) 대전지방법원 2013.12.26 2013고단3888
저작권법위반
Text

All prosecutions against the Defendants are dismissed.

Reasons

1. No person prosecuted shall infringe on author's property rights or other property rights protected pursuant to this Act by means of reproduction, performance, public transmission, exhibition, distribution, lending, or preparation of secondary works;

A. From March 2012, the Defendant: (a) from around the above date, from around March 2012, the Defendant used (1) the files transmission program of Estex; (2) the “A rap” corporation; (3) the “V3 L/M computer”; (4) the “BL 2010”; (5) the program for the development of Microfet C/C; (3) the program’s computer program’s “Photopsh; (3) the program’s copyright holders; (6) the program’s registration of the victim’s property rights to the Ethypt’s work; (3) the program’s work of Ethypt; (4) the program’s computer program’s work of Ethypt; (3) the victim’s property rights to the Ethypt’s work; and (6) the program’s registration of the victim’s work of Ethypt; (3) the program’s work of reproduction; (3) the program’s work of reproduction;

B. Defendant B’s representative director, Defendant B, committed the act of violating the above provisions regarding the Defendant’s business at the date and place indicated in the above paragraph (a).

2. The facts charged of this case are crimes falling under Article 136(1)1 and Article 141 of the Copyright Act, which can be discussed only when a complaint is filed under Article 140 of the Copyright Act. Since the victims who are the complainant were acknowledged to have cancelled the complaint on December 2, 2013, the indictment of this case is dismissed in accordance with Article 327(5) of the Criminal Procedure Act.

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