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(영문) 대법원 2015.06.11 2013도13817
업무상배임등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the Defendant’s grounds of appeal, criminal facts should be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the selection of evidence and probative value of evidence conducted on the premise of fact-finding belong to the free judgment of the fact

(1) On the grounds of its reasoning, the court below rejected the defendant's argument in the grounds of appeal that the defendant's act of disclosing (2) research outcomes of this case to the damaged company without prior written consent of the victimized company for the purpose of attracting investment in the development of the Port cancer of this case after withdrawal from the victimized company, and that the defendant's act of disclosing (1) records of this case to e-mail and disclosing them to e-mail and having independent economic value and maintaining them as confidential by considerable effort constitutes trade secrets and business assets of the Victim F Co., Ltd. (hereinafter "victim"). On the other hand, the court below determined that the defendant's act of disclosing the research outcomes of this case to see (2) the damaged company without prior consent of the victimized company for the purpose of attracting investment in the development of the Port cancer of this case, and that the defendant's act of disclosing them to e-mail and the defendant's act of disclosing them to e-mail is not justified by adding (2) new information of the victim's right to use them to e-mail of this case.

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