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(영문) 창원지방법원 밀양지원 2012.12.05 2011고단531

업무상배임등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From November 1, 2009 to June 15, 201, the Defendant, while taking full charge of the accounting and general affairs of D Co., Ltd. as the vice head of D Co., Ltd., the Defendant: (a) was a person who was engaged in management of the intra-company e-mail account (E) as a manager; (b) was aware of the fact that the F Co., Ltd., working as the representative director of the said company from June 3, 2009 to October 29, 201, was filing a lawsuit for confirmation of shareholder status against the said company; and (c) provided the said company with materials, etc., which the Defendant was working for the said company, to help F to win the lawsuit by F.

1. On June 6, 201, at around 13:05, the Defendant accessed the e-mail server of the e-mail server owned by D Co., Ltd. at its home, Busan Young-gu G apartment 205 Dong 1001, and converted F’s e-mail I (H) into the e-mail server in a normal condition by using his/her authority as a manager. On September 19, 201, the Defendant infringed on the e-mail network beyond the permitted access authority by using his/her authority to convert F’s e-mail I (H) into the e-mail I (H) in a normal condition. From around 10:28, Sept. 10, 2011, the Defendant processed the e-mail server of the D Co., Ltd. at his/her home, which had been previously left from the company without access authority: From 200 days to 25:10 days to 25:40 days to 2015.

Summary of Evidence

1. Defendant's legal statement;

1. The respective legal statements of R and J 1.