(영문) 의정부지방법원 2020.11.26 2019노3509

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2020.11.26 2019노3509

업무상배임등

Text

Defendant

A All appeals filed against the Defendants by the Prosecutor and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below by the defendant A is erroneous for the following reasons, which affected the conclusion of the judgment.

1) A prosecutor prosecuted the Defendant on the premise that the materials either taken out from the victimized company or not returned to the victimized company constituted “trade secret,” and the lower court found the Defendant guilty of the charge of occupational breach of trust on the ground that the above materials do not constitute “major assets for business,” while deeming that they fall under “main assets for business,” and thus, is unlawful. 2) The file No. 1 of the crime inundation No. 1, which the lower court found as guilty, was carried out by B alone, and the Defendant did not have conspired to do so.

3) After the Defendant retired from a victimized company, the Defendant did not have the responsibility to return or discard the files of “part 1.xisx” to the victimized company, and thus, the Defendant is not in the position of “person who administers another’s business” in the crime of occupational breach of trust. (B) Prosecutor 1) The files and carbook posts of 2 through 9 in the crime of occupational breach of trust are technical or managerial information meeting all the requirements of non-public nature, economic usefulness, and confidentiality management, and thus, the lower court acquitted the Defendant of the facts charged in breach of the pertinent crime of occupational breach of trust and the Act on the Disclosure of Confidential Business Information, such as Unfair Competition, etc. (Disclosure of Business Secrets, etc.) and thereby, erred by misapprehending the facts and adversely affecting the conclusion

2) The sentence imposed by the lower court on the Defendants (Defendant A: a fine of KRW 2 million, Defendant B: a fine of KRW 1 million) is too unjustifiable and unjust.

2. Determination on Defendant A’s grounds for appeal

A. The summary of this part of the facts charged is that the Defendant sells the German print board C’s monopoly in Korea.

유사 판례

-서울고등법원 2013.05.24 2011노2940

-수원지방법원 2013.05.30 2012노1334

-창원지방법원 2020.01.30 2018노2273

-수원지방법원 2013.04.25 2012노1580

-창원지방법원 2015.08.20 2014노2924