업무상배임
Defendant shall be punished by a fine of 6 million won.
If the defendant fails to pay the above fine, 50,000 won shall be one day.
Punishment of the crime
From March 18, 2011, the Defendant served as a managing director of the victim C corporation (the representative D; hereinafter “victim corporation”), and was in charge of the mast test work developed by the victim corporation. From March 18, 201, the Defendant was entrusted with the filing of patent applications for “F” and trademark applications for “G” developed by the victim corporation E, which is the actual operator of the victim corporation, and was obligated to file an application for patent and trademark rights in the name of the victim corporation.
1. On April 23, 2012, the Defendant violated his/her duties at the International Patent Law Office located in Gangnam-gu Seoul, Seoul, and caused patent attorneys at the said International Patent Law Office to file a patent application for “F” under the name of the Defendant, thereby obtaining pecuniary benefits equivalent to the above patent right and incurring pecuniary damage equivalent to the above amount to the victim corporation.
2. On May 14, 2012, the Defendant violated his/her duties at the said I Patent Law Office, requiring a patent attorney at the said I Patent Law Office to file an application for the trademark “G” in the name of the Defendant, and on February 15, 2013, the trademark registration was publicly announced on February 15, 2013, thereby obtaining economic benefits equivalent to the above trademark right and causing damage to the victim corporation property equivalent to the said amount.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement to the Prosecutor's Office;
1. Statement by the police of D (including record of E);
1. Application of Acts and subordinate statutes to petition for complaint by C corporation;
1. Relevant provisions of the Criminal Act and Articles 356 and 355 (2) of the Criminal Act (the selection of fines, the selection of fines, the fact that there is no actual damage to the victim caused by the instant crime, the defendant transfers both the patent and trademark rights to the victim corporation, and the fact that there is no record of the same crime, etc. shall be selected to impose fines and the amount of fines shall
1. The former part of Article 37 of the Criminal Code among concurrent crimes.