(영문) 서울서부지방법원 2013.12.10 2013고단2515

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(영문) 서울서부지방법원 2013.12.10 2013고단2515

업무상배임

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person working for the B Patent Office from July 1, 2008 to June 30, 2012 as an employee in charge of preparation of the patent-related application.

On December 10, 2010, the Defendant, at the second floor of the Gangnam-gu Seoul Building C, was delegated by the victim D and E to prepare a patent application for “F” for the patent application on the second floor of the B Patent Office, submitted the patent application at the victim’s request, and thus, there was a record of withdrawal of the patent application, and thus, there was a duty of maintaining and using confidential information on the technology related to the patent application received from the victims thereafter.

Nevertheless, on August 31, 2011, the Defendant, at the above B Patent Office located on the second floor of the Gangnam-gu Seoul building C, visited the site of the Korean Intellectual Property Office (www.kipogo.go.K) via the Internet using the aforementioned “F” information known from the previous victims, and completed two utility model registrations (I, J) after entering the said G and H as the owner of the utility model right and the device, although there was no right of the Defendant’s Choin G and the external birth relationship, H as the owner of the utility model right and the device, and completed the utility model registration under the name of G and H, respectively.

As a result, the Defendant violated his duties, thereby obtaining economic benefits equivalent to the value of the above utility model right that is not known to G and H, and suffered damages equivalent to the same amount from the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to E and K;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (2) of the Criminal Act regarding criminal facts, the selection of fines (the punishment of a defendant is divided, the error of the defendant is divided, the primary crime is the fact that the defendant agreed with the victim, and the circumstances leading to the case shall be considered);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

참조조문

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