업무상배임
The prosecutor's appeal is dismissed.
1. The summary of the grounds of appeal is that the Defendant, a representative director, entered into an agreement on the transfer of assets between the Defendant and the Plaintiff Company I (hereinafter “I”), which was operated by the Victim H on March 10, 2010, to transfer all rights to F-related assets to KRW 229,790,00 (including added taxes). The above “property related to F” includes all rights to domains, software registration, copyright, ownership servers, trademark rights, patent rights, patent rights, etc. (hereinafter “instant patent rights, etc.”). The above transfer agreement does not state separate provisions that excludes the instant patent rights, etc.; the value of the remaining assets except for the instant patent rights, etc. among F-related assets is about KRW 150,000,000; and the victim acquired the instant patent rights, etc. from the Defendant taking account of the following:
As such, the defendant's occupational duty not to dispose of the patent right, etc. of this case is recognized.
Nevertheless, the judgment of the court below which acquitted the Defendant of the breach of trust of this case is erroneous by misapprehending the facts and affecting the judgment.
2. The lower court’s determination based on the evidence duly admitted and investigated by the lower court: (a) sent a written request for business cooperation to the effect that the Defendant transferred the shares of I promised to the victim on February 2, 2014 and distributed profits; (b) the victim did not at all assert that the right to the patent right, etc. of this case belongs to the victim (which means 36-39 pages of investigation records); and (c) around February 2014, the victim requested an agreement on the Defendant’s demand for the transfer of shares and settlement of profits in I’s text messages sent and received by the Defendant and the victim; and (d) the victim only requested an agreement on the part of 261 of the record of the trial, “the shares would have been rare,” and the portion of profits that the Defendant would have brought shall be deducted.