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(영문) 대구지방법원 김천지원 2018.08.23 2018고정18
재물손괴
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant independently established and operated F on April 23, 2017, when he/she worked in the victim E Co., Ltd. from August 30, 2013 to the Gu, Si, Si, Gu, and April 23, 2017.

On May 8, 2017, at around 10:00, the Defendant, without the consent of G, the representative director of the E office, had H, a computer repairer, replace the two computer hard disks with the file necessary for the operation of E, such as an event planning, operation plan, event-related video, event-related estimate, unit price table, etc., located in the E office. At around that time, the Defendant laid down two hard disks at an insular place.

Accordingly, the defendant concealed two hard disks in the market price owned by the victim E corporation.

2. In light of the following circumstances, the evidence alone presented by the prosecutor was proved to the extent that there was an intention to conceal the goods and to impair the utility of the defendant, beyond a reasonable doubt.

It is difficult to see it.

A. The prosecution's indictment of the defendant as a crime of property damage was intentionally stored in the existing hard disc in the process of replacing the hard disc of this case.

E It shall be deemed that the business information of E was fully implemented.

This is because it was seen.

However, it is difficult to find out a clear motive for the Defendant to commit the above crimes when examining the background or the situation before and after the replacement of the hard disc.

B. The Defendant did not function normally in the storage of the hard disc, thereby hindering the business of the computer due to the deterioration of its performance, and was in the process of replacing the hard disc with the newly installed hard disc.

section 3.

(c)

E from E to the defendant

I had a lot of problems, such as "computers and stops during work, and thrown off hard disks." At the same time, I changed hard disks.

after the replacement of a hard disc.

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