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(영문) 인천지방법원 부천지원 2014.04.18 2013고합58

특정경제범죄가중처벌등에관한법률위반(배임)

Text

Defendants shall be punished by imprisonment for ten months.

However, the execution of each of the above penalties for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendants conspired to transfer the name of the international patent application (I) in the name of the victim, which is the only property of the victim, to the court operated by the Defendant B and the defendant B, as the representative director of the victim E Co., Ltd. (the defendant B from July 17, 2008 to September 22, 2008; the defendant A from April 14, 2009 to July 13, 201).

Accordingly, around June 22, 2011, at the L Patent Law Office located in Gangnam-gu Seoul Metropolitan Government, Defendant A violated the business duty to manage the property of the victim company in good faith, and transferred to the European Union, China, Japan, Vietnam, India, Mexico, Mexico, and India the applicant’s name in the name of an international patent application (I) in the name of the European Union, China, China, Japan, Vietnam, Vietnam, and India, the applicant’s name in the name of the European Union, China, Vietnam, Vietnam, and India, to Defendant B, the applicant’s name in the name of Mexico, and the name of the applicant in the name of Mexico and Singapore, to the J.

As a result, the Defendants conspired in collusion with the victim to inflict an unproperty loss equivalent to the value of the said international patent application, and acquired the equivalent pecuniary profit.

Summary of Evidence

1. Statements made by the Defendants in the first trial record (the purport that the title of an international patent application is transferred is the fact that such title has been transferred);

1. Entry of each part of the witness M in the fourth and eighth trial records, entry of the witness N in the eighth trial records, and entry of the witnessO in the 12 trial records;

1. Each prosecutor's protocol of interrogation of the Defendants (including part of the statements inM and P)

1. Each certified copy of the register (Evidence No. 2 and 3), each transfer certificate (Evidence List No. 32-7, 8), each patent certificate (Evidence List No. 11, 13, and 15), PC overseas standard agreement (Evidence List No. 6), PCT international application (Evidence List No. 23), PCT international application document (Evidence List No. 19, 38), and documents for change of the name of the international patent application (Evidence List No. 19, 38);

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