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(영문) 의정부지방법원 고양지원 2020.01.16 2019고단3030
업무상배임
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From January 1, 2012 to January 31, 2014, the Defendant, a victim in Socheon-gu Seoul Central District, worked as a program developer, was prohibited from divulging major business assets acquired while working in the victim company, or using them for competition companies or personal interests. When the victim company retires from the victim company, the Defendant had a duty to return or discard major business assets acquired during his/her service to the victim company.

Nevertheless, on January 29, 2014, the Defendant stored the entire E Program Files (SP files, etc.) which is a major business asset of the victim company in the Defendant’s personal Habrid for the Defendant Company D that he would leave from his job, and went out without permission after leaving the victim company.

As a result, the defendant acquired the economic benefits equivalent to the market value of the whole of the above files, which are the main assets of the victim company, and suffered property damage equivalent to the same amount in the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning G;

1. The police statement of H;

1. Recording notes, program registration certificates, investigation reports (I and J comparative data, complainants and suspect interviews), written opinions, appraisal results and interviews, application of Acts and subordinate statutes to investigation reports (verification of suspect A's tenure of office);

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (2) of the Criminal Act, the choice of imprisonment for a crime;

1. The reason for sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing following the suspended sentence) is against the defendant's recognition of the crime of this case, and the victim wants to take the preference against the defendant by agreement with the victim, and there is no record of criminal punishment in addition to the fine in 195, and other records and arguments of this case including the defendant's age, character and conduct, family relationship, motive and circumstance of the crime, and circumstances after the crime.

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