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(영문) 의정부지방법원 고양지원 2017.04.14 2016고단2685

업무상배임

Text

The defendant shall be innocent.

Reasons

The summary of the facts charged is the same as the Defendant from May 21, 2015 to the same year.

9.1. By January 1, 200, the injured party Co., Ltd. (D) working in Goyang-si, Ilyang-si, Ilyang-si, the injured party is an enterprise that develops waste styp recycling technology.

The Defendant, while taking charge of technological development and production-related duties in the Victim Company, was engaged in the duties that may not take out or divulge design drawings, technical documents, etc. or use them for another company with respect to the waste styp recycling technology developed by the Victim Company.

Nevertheless, the defendant was in custody of the victim company in violation of the above occupational duties.

E-Related design drawings, etc. were not returned while withdrawing the victim company on September 1 of the same year, and were sent by e-mail to the FF Limited Corporation located in Taiwan on the condition that the above design drawings, etc. are received at least 15% of each month’s profits on the 10th day of the same month, and were taken out and used by the said Limited Corporation without paying due compensation to the victim company.

As a result, the Defendant had a limited liability company acquire property benefits equivalent to KRW 130,000,000 and KRW 2,000,000,000 per month, which were scheduled to pay to the victim company. At the same time, the Defendant inflicted damages equivalent to the same amount on the victim company.

Judgment

1. The summary of the argument and the defense counsel provided E (hereinafter “the instant screen technology”) to F Limited Construction (hereinafter “the instant limited Construction”). However, this is the technology owned by the Defendant from the beginning and it is not new technology developed by the victim company. Thus, the crime of breach of trust is not established.

The argument is asserted.

2. Determination

A. First, as indicated in the facts charged, the Defendant released screen technology developed by the victim company and provided it to the instant limited company.