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(영문) 수원지방법원 2017.01.20 2015노1406
업무상배임등
Text

The judgment below

Among them, the guilty part against Defendant A, B, and D, and the part against Defendant C, L, and E shall be reversed.

Defendant .

Reasons

1. Summary of grounds for appeal;

A. As to Defendant A1’s violation of the Unfair Competition Prevention and Trade Secret Protection Act (Leakage of trade secrets, etc.) against Defendant B, Defendant A merely delivered a file of “development technology adjustment 04.pdf” to Defendant B prior to the management department of Defendant I as the result of a formal consulting contract, and there was no intention to divulge trade secrets.

Nevertheless, the judgment of the court below which found the defendant guilty as to the delivery of this part of the data is erroneous in the misapprehension of facts and legal principles.

B) As to the crime of occupational breach of trust, Defendant A is holding a business pocketbook in accordance with the practice in P of the victimized Company P, and continued to hold it even after the withdrawal, and does not return the business pocketbook for the purpose of technology leakage or unjust purpose.

또 한 피고인 A은 퇴사 이후에 메일 보관함에 ‘P 提出用 .ppt’ 파일과 ‘Ver3 .xls’ 파일이 그대로 남아 있다는 사실이나 ‘100820スライド 編集 .ppt’, ‘AlignMaster _Carrier 탈 착 방식 .ppt’, ‘ 量産コソセプト 討 _Ver7 .xls’, ‘ 量産 置比較_ 提出用2.5 .ppt’ 파일들이 노트북에 그대로 남아 있다는 사실을 인식하지 못하였다.

Therefore, even though Defendant A did not have the intention of occupational breach of trust with respect to the above materials, the judgment of the court below which found Defendant A guilty of this part of the facts charged is erroneous in the misunderstanding of facts and

2) The sentence sentenced by the lower court (one year of imprisonment, two years of suspended sentence) is too unreasonable.

B. Defendant B (1) misunderstanding of facts and misapprehension of legal principles) Defendant B entered into a consulting contract with Defendant H Co., Ltd. on inevitable grounds of personnel management request, and Defendant A received the “development technology adjustment 04.pdf” file as evidence, and Defendant A received the “development technology adjustment 04.pdf” file, and the intent and unlawful purpose of acquiring the business secrets of the victimized Company P is entirely.

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