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(영문) 전주지방법원 2018.04.02 2017고단2569
업무상배임
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

From November 24, 2014 to September 6, 2016, the Defendant is a person in charge of the development, research, and management of products in E, the head of the E, which is an air-conditioning cable producer operated by the victim D in Changwon-si, Changwon-si, who works for the head of the division in charge of development and quality.

The defendant should not take out or divulge various technical and managerial data he/she has acquired while working in E, and even if the data he/she has lawfully taken out at the time of his/her employment, he/she has a duty to return them to the victim's business at the time of retirement.

Nevertheless, the Defendant released the foregoing E’s product and management information (such as transaction location, quotation, contact address, data on developed items, unit price information, product drawings, etc.), or information on major business assets, and led to the use of such information for business activities after leaving his/her job.

On September 5, 2016, the Defendant: (a) stored a total of 41,483 files (capacity 30.2GB) used by the victim company, such as in attached Table 1, at the above E office; (b) stored a total of 41,483 files (capacity 30.2GB) on his/her large-scale hard disc; (c) deposited on September 6, 2016, and then removed a total of 577 files (capacity 791M) acquired while in office in the above E office, as in attached Table 2, while holding office in the above E office, and carried them out to the outside in the manner of holding the same as his/her set of in his/her set of money stored; and (d) inflicted property damage equivalent to the same amount on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against the F;

1. Police seizure records and list of seizure;

1. A list of files for storage of each book or external hard disks, each outside data, and a list of files for storage of Nowon-do hard disks;

1. Application of Acts and subordinate statutes to investigation reports (as to the analysis of seized articles);

1. Relevant Article of the Criminal Act and Articles 356 and 355 of the Criminal Act concerning the selection of criminal facts;

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