Of the facts charged in the instant case, the charge of occupational breach of trust is not guilty. Of the facts charged in the instant case, it is against the Patent Act.

1. Summary of the facts charged

A. From September 2013 to October 2014, the Defendant violated the Patent Act: (a) made the same product as “G” registered with the Korean Intellectual Property Office by the victim D as “G”; and (b) sold 7,800 parts of the product to H, I, and J, etc.; and (c) sold 7,800 parts of the product to the victim’s invention.

B. From August 2007 to October 2007, the Defendant: (a) while working as a factory site in the victim company L, Inc. (hereinafter “L”) operated by D from around 2006 to around 2007 (hereinafter “L”); (b) while residing in the dormitory of the victim company from August 2007 to October 2014, the Defendant was requested by the injured party to assemble various devices, machinery, etc. to receive remuneration according to the number of assembly; (c) from around 2010, the Defendant was requested to assemble “G” as an important accessory to the foregoing device; and (d) during that process, the Defendant became aware of the production method of “G”, such as the composition, composition ratio, composition ratio, manufacturing method, automatic air injection structure, design, and metal use for manufacturing devices.

Although there are occupational duties that the Defendant should not obtain unjust profits by using the important business assets acquired upon request from the injured party as above, the Defendant established a separate company and produced “G” through the manufacturing method of “G” known in the above process, and had the intent to sell it to the existing customers of the victim company.

The Defendant, from May 2013 to August 30, 2014, established a company that is N in the name of the Defendant in the name of the Defendant’s wife in Namyang-si, and then produced “G” using the production method of “G” acquired in the above process, sold 7,800 won by receiving 9,800 won per opening to the High Court, which is an existing customer of the victim company, and acquired property benefits equivalent to KRW 70,200,000.