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(영문) 서울중앙지방법원 2018.06.29 2017노3900
업무상배임등
Text

The judgment below

The guilty part (including the part not guilty) shall be reversed.

Defendant

A Imprisonment with labor for one year, and Defendant D.

Reasons

The court below found the defendants guilty on the following facts: (a) the defendants' violation of the Unfair Competition Prevention and Trade Secret Protection Act (the disclosure, etc. of trade secrets) due to the use of trade secrets in the part at least 23 at the end of the attached crime list (2) above; (b) the defendants' violation of the Unfair Competition Prevention and Trade Secret Protection Act (the disclosure, etc. of trade secrets) due to the use of trade secrets in the part of the time table of the attached crime (2) above; (c) the defendants' violation of the Unfair Competition Prevention and Trade Secret Protection Act (the disclosure, etc. of trade secrets) due to the use of trade secrets in the part of the time table of crime (23) above; and (d) the defendants D's violation of the Unfair Competition Prevention and Trade Secret Protection Act (the disclosure, etc. of trade secrets) due to the use of trade secrets in the part of the time table of crime (4) 1, 2, and 6).

Although the Defendants and the Prosecutor appealed as to the above part of the appeal, the Prosecutor did not dispute not only the grounds for appeal as to dismissal of the above prosecution and acquittal of the reasons, but also the grounds for appeal as to the dismissal of the above prosecution and acquittal of the reasons. Thus, the part which was found not guilty of the reasons in the judgment of the court below is to be judged in this court, such as the verdict of conviction with an indivisible principle, but the part which is judged not guilty of the reasons in the judgment of the court below, is to be judged as being excluded from the defense subject to attack between the parties, as the prosecutor does not appeal, and thus, it cannot be determined as to the part which was dismissed and acquitted (see Supreme Court Decision 90Do2820, Mar. 12, 191, 191, etc.). This part of the judgment below is dismissed and the verdict of innocence is followed, and

The summary of the grounds for appeal is as follows: (a) the Defendants mispersive the facts concerning the occupational breach of trust using Defendant A’s NDB’s NDB, or misapprehending the legal principles.

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