업무상배임 등
Defendants are not guilty. The summary of this judgment is publicly announced.
Defendant A, as an E University F department or associate professor from May 1, 2004 to February 28, 2005, is a general manager who conducts the “H services” (hereinafter referred to as “G”) which is the project for the joint development of industry-academia-research technology (hereinafter referred to as “industry-academia-research tasks”), from July 31, 2004 to October 7, 2005, and the Defendant B is an external researcher of the above industry-academia-research tasks, and is a person who had been engaged in other research on the above industry-academia-research services.
1. The Defendants’ co-principals had a duty to cooperate and protect intellectual property rights in their procedures so that intellectual property rights may accrue in the name of each victims, since intellectual property rights, such as patent rights, utility model rights, design rights, etc. derived from the outcomes of the said research tasks and services due to the detailed guidelines for the project for industry-academia-research and industry-academia-research joint development in 2004, the 2004 Industry-Academia-si Organization Agreement, and the terms and conditions of the technology service agreement and special circumstances.
Nevertheless, on October 15, 2004, the Defendants applied for the registration of utility models and the examination of designs under the joint names of the Defendants (hereinafter “instant application”) by using the outcomes of knowledge, etc. acquired in the course of the said research task and research service (hereinafter “instant application”), and completed the registration of utility model for “I” (J number: L) and “K” (M (M registration number): on December 22, 2004, and completed the registration of the design for “M” (N:N) around July 28, 2005.
As a result, the Defendants conspired in violation of their occupational duties to obtain the amount of accrued property benefits, and caused considerable damage to the victim E-university industry-academic cooperation foundation and the victim Gangseo-si.
2. Defendant A’s sole criminal conduct is a professor of E University from September 14, 2005 to September 13, 2007, and performed a “O” task of the fishery specific research and development project by the Ministry of Oceans and Fisheries (hereinafter “the task of the Ministry of Oceans and Fisheries”).