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(영문) 인천지방법원 2015.08.13 2014고단9245
업무상배임
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, from June 11, 1996, had the victim E, a research and development team leader, who was in charge of freezing shock case design business from around January 5, 201, in the victim E, a research and development team leader, who was in charge of freezing shock case design business, retired from the victim company around January 5, 2013, and in such case, there was a duty to return or discard major business assets, including design drawings acquired while working in the victim company.

Nevertheless, on January 5, 2013, the Defendant stored seven design drawings, etc. of the Victim Company, such as “Freg-type file, dwg-type file,” “W=1500.dwg” file, “W=1500.dwg-type file,” “B-type file,” and “B-type file,” which are designed to produce freezing shocks in violation of the above duties at the victim Company’s office, and carried out them out of USB, etc.

Since then, around January 9, 2013, the Defendant joined G Co., Ltd. that produces and sells freezing shock cases, and worked as the head of the research and development department, and used them for the production of freezing shock cases in the said G using design drawings, etc. that were stored in the USB, etc. and taken out.

As a result, the defendant acquired the amount of the non-property benefits in the amount of the fresh shocking design drawing, which is a major asset of the victim company G, and suffered the loss equivalent to the same amount from the victim company.

Summary of Evidence

1. Partial statement of the defendant;

1. Each prosecutor's protocol of examination of the accused;

1. Each prosecutor's statement to H, I, and J;

1. Each police interrogation protocol against the accused;

1. Each police statement made to I, K, and H;

1. A complaint;

1. An investigation report (a copy of the suspect's computer's siren results attached), an investigation report (Lnk files and dwg files added), and an investigation report (a copy of additional discovery).

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