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(영문) 서울남부지방법원 2016.05.12 2015고단2831
업무상배임
Text

A defendant shall be punished by imprisonment for one year.

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

Criminal facts

From around October 207, the Defendant joined the “D”, an individual company located in Guro-gu Seoul Metropolitan City, and worked as the factory site of the above company from around October 2007, and was in charge of production management, bowling machine operation operation, etc., and around July 2012, E, the representative of the above individual company, has invested all of the assets of the above company and continued to work as the factory site of the victim company even after the establishment of the victim company D (hereinafter “victim company”).

As such, the Defendant, who has worked as the factory site of the victim company, was on the duty of not arbitrarily carrying out the files of the victim company’s “glar (CAD)” from outside of the victim company, where the design of the “glar (CAD)”, which is the main assets of the business development by the victim company with considerable time, effort and expenses, was stored.

Despite the fact, around November 30, 2013, in violation of the above duty, the victim company removed CAD files which are the major business assets of the victim company stored in the office computer by an influence method and subsequently used them for the design of CAD files produced in the company established and operated by the defendant for the purpose of design of CAD files, which are the main business assets of the victim company, and acquired the victim company's proprietary benefits equivalent to the same amount.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statements of witness E and F and witness G and some legal statements of H;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by the police for E;

1. As to the assertion of each design drawing attorney, the defense counsel for the determination of the assertion of each design drawing of this case was developed by E, which is not the victim company, and the design drawing of this case was made by CAD files, and was made in the process of producing the above design drawing.

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