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서울중앙지방법원 2014.10.31 2014노631

업무상배임

Text

The judgment of the first instance is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The facts charged in the instant case [the Defendant’s career] is a person who was discharged from the post of the Air Force and was in charge of the business of managing the air defense radar in the military, from March 2007 to July 23, 2012, who was in charge of the business of maintaining and repairing the weather radar in the Dispute Resolution D from March 2007, and who was in charge of the business of maintaining and repairing the mobile phone radio relay from November 1, 2012.

【Criminal Facts】

The defendant is the core technology person in charge of maintenance and repair of weather radars and the head of the weather business team, who is in charge of the business plan D, has a duty to return or discard to the company at the time of retirement.

Nevertheless, the defendant, while leaving his position to the dispute resolution group E, has been in mind of using the data acquired in the existing dispute resolution committee D as it is, around July 23, 2012, at the office of the KF building No. 402 in Gangseo-gu Seoul Metropolitan Government Office of the Dispute resolution D Co., Ltd., "Haer Terminal Contents.hwp", "ELscom.Dc", "JPG", "Attachment photograph.h.wp", "Gemaononi Calib.h.h.h.p", and reproduced the Nowon-gu, which had been stored in a total of 439 business data, into his external hard disc, without permission.

Since then, around November 1, 2012, the Defendant entered a business experience related to the weather radar and agreed to take exclusive charge of the maintenance and repair affairs of the weather radars. On December 13, 2012, the Defendant prepared a proposal to participate in the bidding "Selection of the Madsan, Musan, Musan, Musan, Musan, and Jindo Meteorological Maintenance and Repair Enterprise" ordered by the Ministry of Land, Transport and Maritime Affairs on March 19, 2013, which is ordered by the Korea Meteorological Administration, which is ordered by the Korea Meteorological Administration, in order to participate in the bidding."In preparing the proposal to participate in the bidding, the said proposal to participate in the Madsan, Musan, Musan, Musan, Musan, Musan Meteorological Maintenance and Repair Project (2012)."

Accordingly, the defendant is weak.