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The defendant shall be innocent.
Reasons
1. D Co., Ltd. (hereinafter “D”) operated by C, the summary of the facts charged, conducted research for 15 years, developed E (F and G, hereinafter “instant machinery”) which is an agricultural and stock-free agricultural product-producing machine (hereinafter “this case”). On July 30, 2009, the Defendant entered into an exclusive sales consignment agreement with H (hereinafter “H”) (hereinafter “instant sales consignment agreement”) with the Korea Agricultural Machinery Industry Cooperatives (hereinafter “the instant machinery”). On February 2010, it delegated the Defendant with all procedures for registering the instant machinery in the Korea Agricultural Industry Cooperatives (hereinafter “the instant machinery”).
Therefore, the Defendant sold the instant machinery according to a contract, registered the instant machinery in D’s name in the Korea Agricultural Machinery Industry Cooperatives, and stored documents, such as drawings, parts specifications, etc., of the instant machinery for registration, in accordance with its purpose, and, if not registered, was obligated to return the said documents to D.
Nevertheless, the Defendant, as an opportunity to possess various documents on the instant machines, was produced equally and carried out a sale plan by manufacturing the same machinery of this case that he had been driving.
On March 9, 2010, the Defendant submitted documents received from C to the person in charge of the Korea Agricultural Machinery Industry Cooperatives as the same company, and reported the instant machinery in H’s name to be registered as a government-funded agricultural machine, and registered on April 1, 2010.
After all, the Defendant, with a drawing, a part explanatory note, etc. of the instant machine, manufactured and sold the instant machine from the 14th floor of the Nam-gu Incheon Metropolitan City I building at around that time to install and sell it to 47 households, such as J, etc. at KRW 13.5 million per unit ( approximately KRW 10 million for government subsidies), thereby obtaining pecuniary benefits equivalent to KRW 212,454,552, and at the same amount as D.