(영문) 수원지방법원 2015.10.07 2015노919 | 리걸엔진

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(영문) 수원지방법원 2015.10.07 2015노919

업무상배임

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All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendants’ assertion of misunderstanding of facts and misapprehension of legal principles is 1) Co. E (hereinafter “victim Company”).

[F] L CD film and corporation F (hereinafter “F”)

(2) The Defendants did not have any intent to commit a breach of trust on the grounds that the Defendants were unable to substitute or refer to each other, and there is no reason to divulge the data of the victim company. (2) The data of the victim company that the Defendants leaked were already published, and the victim company cannot be deemed to have invested a considerable amount of time, effort and expenses for the production or development, and there is no need to bring about competition benefits. Therefore, it cannot be deemed as a major business asset.

3) The Defendants’ act did not cause a real damage to the victim company or a risk of actual damage to property. (b) The Defendants and the prosecutor’s allegation of unfair sentencing by the lower court (each of the 8 months of imprisonment, 2 years of suspended execution, 100 hours of community service work) are too heavy or unreasonable.

2. Determination

A. As to the Defendants’ assertion of misunderstanding of facts and misapprehension of legal principles, the lower court rejected the Defendants’ assertion and determination in detail as follows, on the grounds that the Defendants were identical to the grounds for appeal of this case.

In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, the court below’s above measures are just, and there was no error of misconception of facts or misapprehension of legal principles as pointed out by the defendants.

(1) Information leaked by Defendant A is the information produced by the victim company with considerable time, effort and expenses, etc. based on the work standards for each product produced by the victim company, the cost calculation table, and the information of the purchasing company of the Chinese company. The victim company is the Defendant.

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