Text
The judgment below
Of those, the conviction against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment for six months.
(b).
Reasons
1. Summary of grounds for appeal;
A. Defendant A1) Taking account of the following circumstances, i.e., mistake of facts and misapprehension of legal principles (the sole crime of occupational breach of trust), the documents indicated in attached Table 2 (hereinafter “each of the documents of this case”).
) The Defendant does not fall under the major assets of the business, and even if the Defendant took out each of the documents of this case, the Victim E Co., Ltd. (hereinafter “victim Co., Ltd”).
(A) It is difficult to see that damage has occurred or is likely to occur. Nevertheless, the lower court found the Defendant guilty of this part of the charges, which erred by misapprehending the facts or by misapprehending the legal doctrine. (A) Most of the documents of this case in the Defendant’s personal e-mail account are the FCST data, and the victim company arranged the expected sales in the first half of the year 2015.
The content is almost the same as the pipeline data of this case, and the process of acquisition is also the data that can be easily obtained by the defendant through the accelerator that he/she had a close friendly relationship with the victim company.
Therefore, each of the documents of this case cannot be obtained without going through the victim company.
or the victim company may not be deemed to have been a considerable time, effort, and expenses for the acquisition of data.
B) The Defendant sent each of the instant documents to the Company’s mail to handle business at a place other than the Defendant’s office due to frequent attendance or weekend service at the time of the Victim Company’s holding office. After completing the work, the Defendant retransmittinged the instant documents to the Company’s mail, or transmitted them to the Company’s mail as an individual mail for the purpose of back-up use. In the case of the Defendant’s e-mail sent by the Defendant to the Defendant to the person in charge of C branch offices during his/her holding office, referring only to the document form, etc. of each of the instant documents in the process of commencing a new person and company after leaving the Victim Company, and did not use them for sales business at all.