The prosecution of this case is dismissed.

1. The summary of the facts charged may not be infringed upon by means of reproduction, performance, public transmission, display, distribution, lending, or preparation of derivative works without the consent of the holder of author’s property right or other rights protected under the Copyright Act;

Nevertheless, the Defendant entered “E” into the Internet file sharing site “D” in the Dong-gu Incheon Metropolitan City B apartment C, and opened the file of “G,” “H,” the victim F’s copyright, under the registered name of “E”.

Accordingly, the Defendant infringed the author’s property right of the victim by distributing the above copyrighted works to many and unspecified members so that they can download them without the permission of the copyright holder.

2. Determination

(a) Applicable provisions of Acts: Article 136 (1) 1 of the Copyright Act;

(b) Offenses subject to prosecution upon complaint: Article 140 of the Copyright Act;

(c) Revocation of complaint after prosecution;

(d) Judgment dismissing public prosecution: Article 327 subparagraph 5 of the Criminal Procedure Act;