The judgment of the court below is reversed.

Defendant

A, in eight months of imprisonment, Defendant B shall be punished by a fine of 5,000,000 won.

1. Summary of grounds for appeal;

A. The copyright holder of K Program is a corporation S (hereinafter “S”) and there is no obligation that the copyright holder shall inform the other person of the password, the only means for the protection of the copyrighted work.

K program is not an implementation program, and it is possible to use a password by inheritance even after the password, so it is not possible to use the G program, so it does not affect the Gu operation of the G program.

B. The sentence of unfair sentencing (one year of suspended sentence in six months of imprisonment) of the lower court is too unreasonable.

B. The Z system program produced by Defendant A (as to the violation of the Computer Program Protection Act against the Defendant) was produced using AA, K, and AB program, which is a subordinate program of the AE system program registered by the victim E, a request for issuance of deposit management tax invoices, a request for issuance of deposit management tax invoices, a issuance of deposit management tax invoices, a production management information, and a deposit management payment receipt program.

K and AB programs are independently protected by the Computer Program Protection Act, which is a small program of T and AC among S's Q programs.

Therefore, using AA program, which is a work separate from K and AB program, is a copyright infringement act.

【Unjustifiable sentencing (Defendant A)’s sentence against Defendant A is too unhued and unfair.

2. Determination

A. In the first place of the facts charged in violation of the Computer Programs Protection Act against Defendant A at the trial, the ex officio determination prosecutor added “no person shall infringe another person’s program copyright without a legitimate title by means of reproduction, adaptation, translation, distribution, publication, and transmission.” The “Z system,” which is a G system, is produced and sold, and then the victim’s program is operated.