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(영문) 의정부지방법원 고양지원 2015.12.10 2015고단1073
저작권법위반
Text

The indictment against the Defendants is dismissed.

Reasons

1. Summary of the facts charged

A. Defendant A is the representative director of the corporation, who is, and has overall control over, the business affairs of the corporation, which is located in Goyang-dong, Busan-gu and 502-2 of Goyang-si.

No person may infringe on the copyright of a copyright holder's program by acquiring any reproduction made by infringing on another person's program copyright without any legitimate authority in the course of business with the knowledge of such fact.

Nevertheless, around December 17, 2014, the Defendant acquired 74 computer programs worth KRW 171,207,100, total market price of the program copyright in the above company, and used them for business by acquiring 74 computer programs with knowledge that 833,800, the market price of which is the victim’s microfcing program copyright, without authority, were reproduced without authority, and used for business purposes.

B. Defendant B Co., Ltd. is a corporation established mainly for the purpose of conducting general civil engineering measurement and design business.

Defendant

The Company above A.

Defendant A, the representative director of the Defendant Company, violated the victims’ program copyright regarding the work of the Defendant Company at the time and place stated in the paragraph.

2. Since the injured company after the prosecution of this case, after dismissing the prosecution of this case, expressed its intention that it does not want punishment after cancelling the complaint against the Defendants, the prosecution against the Defendants shall be dismissed.

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