업무상배임
The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.
1. The summary of the facts charged is as follows: (a) the Defendant worked as the factory site of the Daschi Manufacturing Business E Co., Ltd. (hereinafter “victim Co., Ltd.”) located in Yangju City from July 1, 2006 to March 31, 2008; (b) the Defendant took overall charge of the business of the factory; (c) on July 1, 2006, the employee took full charge of the business affairs of the victim Co., Ltd.; (d) the research and research materials of the victim Co., Ltd. (hereinafter “victim Co., Ltd.”) do not reveal as well as the secrets of the victim Co., Ltd.; and (d) during his/her service, conducted research and study materials to the effect that they do not use them without permission of the victim Co., Ltd. after his/her retirement; (d) prior to leaving the victim Co., Ltd.’s company at the end of February 1, 2008, the Defendant took out the victim Co., Ltd.’s technical and business materials at the victim Co.
2. Determination
A. In order to establish the relevant legal doctrine as a crime of occupational breach of trust, the perception of occupational breach of trust as a subjective element, and thereby, the perception that he/she or a third party acquires the benefit and causes damage to himself/herself, i.e., intent of breach of trust, is sufficient. Such perception is sufficient with dolusence.
If the defendant denies the criminal intent of breach of trust, it is subjective of breach of trust due to the nature of the object.