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(영문) 부산지방법원 2015.08.13 2014고단9158

업무상배임

Text

Defendants shall be punished by imprisonment for ten months.

Provided, That each of the above punishments shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Basic Facts] Defendant B entered a software development business entity, which was operated by F in the name of “G” in around 2001 and was in charge of the development of the program.

In 202, around December 2002, F established “H” on behalf of G and continued software development business, however, H as its operator around December 2002.

F, together with I, J, Defendant B, etc., established K Co., Ltd. on October 6, 2003.

H sold, repaired, and managed “L”, a drug management program that completed the registration of a program work in the F name. Defendant B was in charge of assisting M in the management of the said program at H, and Defendant B was in charge of the maintenance and management of the said program after M retired.

After H’s closure and N on 2003, Defendant B developed “O”, which is a new drug management program, while performing repair and management work for the existing clients using L program (as seen earlier, there is dispute as to whether this program was developed in accordance with F’s instructions). K Co., Ltd. completed the registration of the above O’s work on May 5, 2004, and thereafter completed the registration of the program work on December 27, 2006 as to “P,” which was developed by Defendant B by putting the O program on business.

K corporation continued to complete the registration of the program work on April 6, 2013, which was after Defendant B retired, with respect to Q Q’s development of Defendant B’s occupational PP program.

Defendant

C Around May 1, 2005, K Co., Ltd. joined K Co., Ltd. and worked as assistant workers of Defendant B, and developed “R”, which is a reagents management program, around November 30, 2007, by referring to P program in the course of performing his duties, and K Co., Ltd completed the registration of the program works on December 17, 2007.

After that, Defendant C is an occupational RR program.