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(영문) 서울중앙지방법원 2014.01.15 2012고단68

업무상배임등

Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Status and occupation of Defendant A] From June 2004 to January 2007, Defendant A worked in G’s subsidiary company, a victimized company, from June 2004 to December 2004.

In the absence of the contents of official inspection equipment in the operation of the F located in Gwangju City, i.e., the equipment to examine whether there is any inferior quality such as pest disease, glass disease, cans, etc., the injured company G Co., Ltd. (hereinafter “victim”) is working as a domestic and overseas business director at the damaged company G Co., Ltd. (hereinafter “the damaged company”) and is employed as a business director at a Japanese H Co., Ltd. (hereinafter “H”) located in Korea from March 1, 2007 to January 25, 2008. Defendant B is a person working as a technical support team or division in charge of the development of hardware, business, customer support from January 2002 to January 25, 2008, and is employed as a technical support director at the damaged company’s location from February 1, 2008 to February 1, 2008.

【Criminal Facts】

The defendants have a duty to ensure that the trade secret pledge entered into with each damaged company is not disclosed to the outside without permission due to business activities related to the development and manufacturing technology of the damaged company, sales place, related supply prices, estimates, etc. in accordance with the principle of good faith, and that the main business assets related to the business of the victimized company shall not be disclosed to the outside, and that the same type of business shall not be used for any purpose other than business, and that the defendants shall not be used for any other third party such as a start-up or competitive company, etc. by using the same type of business

1. Defendant A, at the end of January 2007, retired from the damaged company’s office, and stored the surface plan, design drawings, estimates to the supplier, precision data, and photographs of all kinds of inspection equipment, which are important business assets of the victimized company, for business purposes, from the damaged company.