beta
Text
The prosecutor's appeal is dismissed.
Reasons
1. According to the evidence submitted by the prosecutor, the court below found the defendant guilty of the charges of this case, but the court below found the defendant not guilty. Thus, the court below erred by misunderstanding the facts and affecting the conclusion of the judgment.
2. Determination
A. The summary of the facts charged is a person who has been engaged in assisting in the business of surveying and developing the market where nanotechnology applies in the victim C (hereinafter “victim”) from July 201 to February 2012.
The Defendant prepared a contract with the victimized company stating that “the materials developed by the Defendant are owned by the victimized company and disclosed to a third party or not used for profit other than the victimized company without the written consent of the victimized company even after the contract term and contract term expires,” and the Defendant also has an occupational obligation to return, discard, and not leak the above materials upon retirement pursuant to the incidental obligation under the employment contract or the duty under the good faith principle.
In the end, there is a duty that the defendant should not take out, divulge, or use major business assets of the victimized company during his/her employment for personal benefit.
Nevertheless, on February 2, 2012, the Defendant retired the damaged company located in Young-gu, Young-gu, Suwon-si without returning six major business assets of the victimized company listed in the annexed crime list, including “E”, to the company, and taken them out without returning to the company, and acquired the amount of the above assets and the pecuniary benefits equivalent to the market exchange value of the non-merchants and suffered significant damages to the damaged company.
B. The lower court, based on the record, acknowledged as follows with respect to whether six materials (hereinafter “the instant materials”) that the Defendant carried out as stated in the facts charged constituted a major business asset.