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(영문) 서울서부지방법원 2017.09.07 2016고단1860
업무상배임
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, from March 1, 2014 to September 30, 2014, was the head of the research institute in Guro-gu Seoul Metropolitan Government E (hereinafter referred to as “victim”) (hereinafter referred to as “victim”), from October 1, 2014 to November 30, 2014, was the head of the damaged company’s planning and business office, from December 1, 2014 to February 17, 2015, and was in office as the head of the damaged company’s technical support team from December 1, 2014 to February 17, 2015. The head of the technical support team team was in charge of selling the computer software developed and owned by the victimized company.

On December 16, 2014, when it was difficult for the Defendant to attend the damaged company any longer due to the progress of the disciplinary procedure against the Defendant, etc., the Defendant: (a) despite the fact that, in the event of leaving the office in the future, he made a commitment that “not to unlawfully use or take out the company’s intellectual and physical property without the consent of the company; (b)” the Defendant, without the consent of the victimized company, has referred to or intended to use the company’s work when leaving the office in the future; and (c) violated the duty without the consent of the victimized company, and thereby has violated the duty and added some phrases, such as “F,” which is an essential business asset of the victimized company’s office, and is stored in the computers of the victimized company’s office (hereinafter “each of the instant materials”), such as “F,” to copy or store the total of 80 materials (hereinafter “each of the instant materials”), or to operate the existing materials, as the defense counsel has already asserted sufficiently during the trial process

After that, they have been kept at will.

As a result, the defendant acquired an influence by violating occupational duties and caused an influence to the damaged company.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness G, H, I, J, and K;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Protocol and list of seizure;

1. An agreement, etc. on technological development projects of small and medium enterprises;

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