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(영문) 대전고등법원 2014.10.31 2014노114
사기등
Text

1. The part of the judgment of the court below against Defendant A and B and the part of the acquittal (the point of occupational breach of trust), Defendant A and B.

Reasons

Then, the judgment of the court below in the name of the charge (criminal amount) against the Defendants is the case No. 1 of the judgment of the court below.

A 195,712,00 won in breach of trust in the difference in the market price A B 195,712,000 won in breach of trust, and 2.0.0.0.0.0.0.0.0.0. 139,115 won in fraud, 450,115 won in fraud, 3.0.0.

A Not guilty of receiving money from A 1,840,787 won and bribery 4.2

5. guilty of violating the Punishment of Tax Evaders Act of 530,458,892 on the receipt of false tax invoices (AL)

C. Not guilty of offering of money and valuables at KRW 11,840,787.

The crime of embezzlement of corporate funds 349,322,470 won or part of embezzlement (the part of embezzlement: 235,087,50 won) is guilty of not guilty of offering money and valuables 15,951,679 won or less to 7 E, guilty of not guilty of offering money and valuables 15,951,679 won or more (the part of embezzlement: 235,087,50 won)

1. Summary of grounds for appeal;

A. Defendant A (1) misunderstanding of facts or misunderstanding of legal principles (A) Z real-time diagnosis key (hereinafter “instant diagnosis key”) developed by Defendant A and X does not constitute the Defendant’s employee’s invention because it does not meet the patent requirements.

Even if it is not so, if the defendant files a patent application, the victim Republic of Korea, which is the affiliated agency, automatically becomes the patentee, and X is allowed to manufacture the above diagnosis key according to its own license as a joint inventor. Therefore, it is difficult to deem that the defendant's failure to fulfill his duty to report causes damage to the victim or causes the risk of damage.

In addition, in light of the fact that the defendant did not think that he was the subject of a patent at that time, reported the fact that he developed the said diagnosis key through internal decision and published it through external media, and that the defendant establishes AB for the purpose of controlling the price of the diagnosis key, the defendant shall have the intention of breach of trust.

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