업무상배임
The prosecutor's appeal is dismissed.
1. According to the statements of C and I, the main point of the grounds for appeal (in fact-finding), it is recognized that the defendant took out the design drawings of the new cargo container, and according to the statements of C, L, K, etc., the design drawings and the purchase price table of the new cargo container and waste container recycling equipment taken out by the defendant constitutes "major business assets" because the complainant takes considerable time, effort, and expenses. However, the court below acquitted the defendant of the facts charged of this case, which affected the conclusion of the judgment by misconception of the facts.
2. The facts charged and the judgment of the court below
A. The Defendant entered the instant facts charged on March 2009 to the Victim E Co., Ltd. (hereinafter “victim E”) located in Daegu-gu, where C actually represents, and then retired from the instant company on December 201, 201 while taking charge of the business of manufacturing ready-mixeds and supervision of installing plants (technical equipment) produced by reprocessing waste asphalts.
Design drawings of new asphalt containers and end-of-life container recycling plants produced by the above injured company have been developed since 1999 after C, the representative of the above victimized company, has invested about about 1.2 billion won of the cost, has been subject to continuous and erroneous execution, such as research, development, etc., throughout 13 years from 199 to 13 years. The purchase price list has been prepared to accumulate the cost information on materials (such as iron and sheet) entered for the production of plants with the cost information received from the purchasing agency for the purpose of determining the estimated cost of the plant, with the cost information collected from the purchasing agency for the purpose of business operation for three years. The design drawings and the purchase price list are major information of the victimized company.
The defendant is a major business asset that has been managed by the injured company in the course of selling products, and the cost sheet for recycling materials and design drawings for waste asphalts and new asphalts are produced by using considerable time, effort and expenses in the victimized company.