The defendant is innocent. The summary of this judgment shall be notified publicly.

A. The design drawings of the victim D Co., Ltd. (hereinafter “victim Co., Ltd.”) that the Defendant taken out by the Defendant do not constitute a major asset subject to the crime of occupational breach of trust because the victim Co., Ltd. did not bear considerable time, effort and expenses for the acquisition or development of the design drawings.

Nevertheless, the judgment of the court below convicting the Defendant of the facts charged of this case is erroneous by misapprehending the legal principles, thereby affecting the conclusion of the judgment

B. The sentence sentenced by the lower court (a 1 year of imprisonment, 2 years of suspended execution, and 120 hours of community service) is too uneasible and unfair.

2. Determination

A. The summary of the facts charged in the instant case is that the Defendant entered “D” as an individual company located in Guro-gu Seoul Metropolitan Government from around October 1987, and was in charge of production management, monitoring machinery operation, etc. while working as the factory site of the said company from around October 2007. Around July 2012, E, the representative of the said individual company, had been continuously working as the factory site of the victim company even after establishing the victim company by investing all of the assets of the said individual company.

As such, the Defendant, who served as the factory site of the victim company, had a duty of not arbitrarily carrying out the files of the victim company’s “grad (CAD)” stored in the design drawings concerning “satisfying” (hereinafter “design drawings of this case”) which is the main assets of business development by the victim company using considerable time, effort, and expenses (hereinafter “the design drawings of this case”) from the victim company to outside of the victim company.

Despite the fact that the above duty is violated and around November 30, 2013, the CAD files, which were stored in the office computer of the victim company in the course of withdrawal from the victim company, are taken out in an unlawful way, and thereafter, the CAD files, which were stored in the company's major business assets, are taken out.