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(영문) 춘천지방법원 강릉지원 2015.04.23 2014고단702
업무상배임
Text

Defendant

B A person shall be punished by imprisonment for six months.

However, the defendant B shall be sentenced to the above punishment for one year from the date this judgment becomes final and conclusive.

Reasons

Defendant B (Defendant B) was engaged in the business of the Victim E Co., Ltd. (hereinafter “victim”) in the business from October 27, 2004 to December 201, 201, Defendant B established and operated a simple mobile toilet manufacturing and selling company (hereinafter “G”) on the 9th floor of the F building in Gangnam-si around 201.

Defendant

B had a duty to return or dispose of major business assets acquired while in office at the time of retirement of the damaged company around the end of December 2011.

Nevertheless, Defendant B violated the above duty for the purpose of use in G, a same kind of business after retirement, and kept a simple portable toilet design and design computer file in the shape of “H,” which is a business asset of the victimized company, acquired during the work process during the above work period, and stored in his/her Nowon-do computer, etc., without discarding it.

As a result, Defendant B acquired an unproperty interest equivalent to the market value of the above design, etc. and suffered property loss equivalent to the same amount in the damaged company.

[In the facts of prosecution, the Defendant had the occupational duty to return or discard major business assets at the time of retirement and not use them for any other company, and in violation of this duty, the Defendant established G, a same kind of company after retirement, and stored in Defendant B’s Nowon-gu computer, etc., the main business assets of the victimized company that was located in Defendant B’s Nowon-gu computer, etc., “H,” “I,” while keeping a simple portable toilet design and design drawing computer file in G’s name at the National Electronic Procurement System (www.g. 2b.go.r.) on July 12, 2012, “H” H’s simple portable toilet design file at the National Electronic Procurement System of the Public Procurement Agency (www.g. 2b.go.r.) and around the around the same month, around the same day.

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