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(영문) 서울중앙지방법원 2019.08.16 2019노1884
업무상배임
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) of the lower court is too unreasonable.

2. The judgment of the defendant is recognized that the crime of this case brought about the major business assets of 325 files, including the product information, design drawings, and estimate specifications, which the defendant acquired while working as the head of the headquarters and the vice president of the victimized company by taking advantage of the fiduciary relationship with the victimized company, in light of the crime history and method, relationship with the victimized company, leakage size, etc., the crime of this case is not good, and the amount of damage suffered by the victimized company due to the crime of this case seems not to be sufficient in light of the size and sales amount of the victimized company's major business assets, etc.

However, in light of the defendant's attitude of confessioning all of the crimes of this case and reflecting their depth, it appears that the defendant had no criminal history, and that the defendant paid KRW 100 million to the damaged company in the court of first instance and agreed with the victimized company in full (in addition, the defendant agreed to pay KRW 500 million to the victimized company as a penalty for a violation without engaging in any business activity that may result in subsequent competition with the victimized company, and shall be discarded, and if violated, the defendant shall pay KRW 500 million to the victimized company as a penalty for a violation), and other factors of sentencing as shown in the records and arguments of this case, including the defendant's age, character and behavior, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., the punishment imposed by the court below

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the following judgment is rendered again

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by this Court is identical to each corresponding column of the judgment of the court below, except where "the defendant's oral statement" is added to the summary of evidence of the court below.

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