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(영문) 대법원 2015.10.29 2015도12753
업무상배임
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court found the Defendant guilty on the ground that the instant files are not disclosed to an unspecified number of unspecified persons, and they correspond to business assets produced by E (hereinafter “victim”) with considerable time, effort and expenses, and the Defendant is not obliged to remove the instant files from the outside in accordance with the incidental obligations under a labor contract or the good faith principle; at the time of withdrawal, the Defendant has the duty to return or destroy them; however, the Defendant did not return or discard the instant files to the damaged company even after withdrawal with the intent to use them regardless of his own interest or at least the victimized company; and the Defendant did not return or discard them after withdrawal; and the Defendant was found guilty of the instant facts charged.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below and the relevant legal principles, the judgment of the court below is just and acceptable. Contrary to the allegations in the grounds of appeal, there were no errors in the misapprehension of legal principles as to "act in violation of duties", "act in violation of duties", "act in violation of the rules of logic and experience and free evaluation of evidence," "act in violation of the rules of occupational breach of trust,"

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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