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(영문) 수원지방법원 2014.04.28 2012고단3273

업무상배임등

Text

Defendants shall be punished by imprisonment for six months.

Of the facts charged in the instant case, each of the Defendants is against the Defendants.

Reasons

Punishment of the crime

[A] On April 1, 2007, Defendant A entered the Korea Development Bank Co., Ltd. (hereinafter referred to as the "victim Company") to engage in the business of semiconductor equipment import and sale, and was in charge of the business of semiconductor equipment operation division on May 31, 2009, and retired from office on June 5, 2009, and established the Korea Development Bank Co., Ltd. on June 20, 2009. Defendant B, who entered the victim company on June 20, 2007, was in charge of the design of semiconductor equipment at the vice branch office on May 20, 2009, and was employed in the Korea Development Bank Co., Ltd. on June 20, 2009.

[Contents of the Defendants’ act] Although they have a duty to return or dispose of material material business assets acquired at the time of their retirement from the victim company, the Defendants conspired to use material of the victim company in violation of their business duties in the Dispute Settlement Bank G, which will be a new one, to utilize the material of the victim company in violation of the victim company’s business duties. At the victim company office located in Seocheon-gu, Seocheon-gu, Seoul Special Metropolitan City H, 201 Dong 303 around May 20, 2009, he stored the victim company’s material, such as the I’s design drawings, which is an waer, which is a device for semiconductor manufacture, and the I’s material of the victim company, such as the document in the attached list of crimes, in the mobile storage device of the victim company B.

As a result, the Defendants conspired to acquire the economic benefits equivalent to the market value of the above data and caused the same property damage to the victim company.

Summary of Evidence

1. Each statement made by the Defendants to the effect that “The victim company’s materials, such as the list of crimes in the annexed sheet, have been carried out as in the protocol of trial.”

1. Each statement of the witness J, K, L, M and N in the protocol of trial;

1. Copy of each corporate register;

1. Summary of the case;

1. A technology implementation contract;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Articles 356, 355 (2) and 30 of the Criminal Act concerning the facts constituting an offense;

1. The victim company chosen each of the choice of punishment shall be the company;