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(영문) 인천지방법원 2013.11.29 2013고정2846

업무상배임등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

From March 5, 2012 to December 4, 2012, the Defendant served as the business and manager of the Victim C Co., Ltd., which is a golf club business entity, and was in charge of customer reception service in the restaurant, education of employees, etc.

The defendant, as an employee of the victim company, has a duty to not arbitrarily acquire or use customer information useful for the victim company, or divulge such information to the outside in order to obtain unjust profits or to inflict losses on the company in accordance with the principle of good faith as an incidental duty under an employment contract with the victim company.

On November 26, 2012, the Defendant: (a) entered the name, ID, membership number, mobile phone number, telephone number, address, address, workplace name, telephone number, etc. of the victim company in the company’s business management list (ERP) where the customer’s personal information is stored; (b) accessed the victim company’s personal information into the company’s business management list where the victim company’s personal information is stored; (c) made access to the company’s 1,874 personal information and stored them as X-cell files; and (d) made them available for access to the company’s e-mail by means of sending them to the Defendant’s e-mail, without justifiable authority, at the aforementioned company’s business and office.

As a result, the defendant acquired and used useful trade secrets in the victim company in order to obtain unjust profits or to inflict damage on the victim company, and at the same time acquired considerable time, effort and expenses from the customer information, which is the trade secret of the victim company, and caused property damage equivalent to the amount of the market exchange price, which is the trade secret of the victim company.

b)a summary of the evidence;