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(영문) 부산고등법원 (창원) 2013.12.13 2012노295
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

Defendant A, B, C, D, E, F, G, and H in the judgment of the first instance shall be reversed.

Defendant

A, Defendant, and Defendant, respectively, shall be punished by imprisonment of two and a half years.

Reasons

1. Summary of grounds for appeal;

A. Defendant A, B, C, D, E, F, G, and H1 of the misapprehension of the legal doctrine, and without any modification of the indictment, the facts charged were recognized as criminal facts, and the materials owned by the Defendants are deemed as “damage Company” (hereinafter “damage Company”).

(2) In fact, the court of first instance erred by misapprehending the relevant legal principles in finding that the Defendants did not constitute a person handling the property affairs of the victimized company even though they were not the major business assets of the victimized company. (2) In so doing, the court of first instance did not err by misapprehending the fact that the Defendants, while retired, did not have any major business assets of the victimized company to inflict damages on the victimized company by violating the duties of the victimized company, or did not destroy them.

3) In full view of the evidence of the first instance court’s decision that the defendant I and the J did not recognize it as “trade secret” even though the materials of the affected company of this case constitute “trade secret” under the Unfair Competition Prevention and Trade Secret Protection Act, in collusion with the defendant A and the defendant A and the defendant A and the defendant B committed the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Violation of Trust Act), and violation of the Unfair Competition Prevention and Trade Secret Protection Act (violation of trust), and violation of the Unfair Competition Prevention and Trade Secret Protection Act (Leakage of trust), and violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Violation of Trust Act), and violation of the Unfair Competition Prevention and Trade Secret Protection Act (Leakage of trust), and violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Leakage of trust), and violation of the Act on the Protection of Business Secrets, etc.) on the grounds that the first instance court committed the crime of violation of the Act on the Aggravated Punishment and Trade Secret Protection.

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