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(영문) 수원지방법원 2015.08.12 2013노2307
업무상배임
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for six months.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. Among each material listed in the list of crimes in the annexed sheet of the victim's argument for misunderstanding of facts, the remaining material except for each material listed in 46, 60, 62 through 65, 67, 68, and 71 (which is the material judged not guilty of the original trial) and each material listed in the list of crimes in the annexed sheet of crimes (2) were not managed as an important material material; ① the victim FF Co., Ltd. (hereinafter referred to as the "victim Co., Ltd.") did not manage it as an important material; ② the machinery produced by the victim Co., Ltd. was allowed to be produced by other companies; ② the machinery produced by the victim Co., Ltd. can be produced by other companies; thus, the victim Co., Ltd. is not an exclusive technology; and all the above materials, such as drawings prepared by the victim Co., Ltd. for manufacturing machinery, can easily be seen as a material business asset of the victim Co., Ltd.; and at the time of the victim Co., Ltd., the Defendants had no intent in breach of trust.

B. The respective court below’s sentence against the Defendants on the assertion of unfair sentencing (two years of suspended sentence in six months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by Defendant A ex officio, prior to the judgment on the grounds for appeal by Defendant A, the prosecutor's application for the amendment of the indictment to delete the materials listed in the annexed crime list (1) No. 143 from among the facts charged in the instant case on the fourth day of the trial of the court of the court of the court of the court of the court of the court of the first instance, ② the application for the amendment of the indictment to delete each material listed in the annexed crime list No. 45 through 52, 54 through 72 from among the facts charged in the instant case on the 9th day of the trial of the court of the court of the court of the court of the first instance, ③ the materials listed in the annexed crime list No. 3 from among the facts charged in the instant case on the 15th day of the trial of the court of the court of the court of the first instance, and the "X-IGO SALAL COL drawings" in the "209" column No. 13 each year. 13.

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