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(영문) 대구지방법원 2016.03.18 2015고단5691

업무상배임

Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of eight months.

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

Reasons

Punishment of the crime

[Status and Status of the Defendants] Defendant A, on November 15, 2004, is the damage company (hereinafter “damage company”) which is located in D 6th 604 of Daegu-gu, Daegu-gu, Seoul-gu, about November 15, 2004.

On February 28, 2014, a member of the computer program development team was employed as the head of the computer program development team (hereinafter referred to as "the head of the computer program development team") and retired from around February 28, 2014 (round September 30, 2005, after withdrawal from the office), and on February 24, 2006, a member of the Daegu-gu Incheon Metropolitan Government Co., Ltd. established and operated the G Co., Ltd. F, the same company as the victimized company.

Defendant

B A is a internal director of the G in-house director in the company of the Dispute Settlement Bank on February 28, 2014 while serving as the head of the computer program development team as a member of the above damaged company around June 19, 196.

[2] The above victim H is a company that has started the business of developing the informatization system related to textile companies around July 1994, and has been supplied with factory automation software and hardware system to more than 200 enterprises up to the present year, and has reached an average of 1.5 billion won annually sales. Software programs revised in compliance with the requirements of each company based on nine commercial programs, such as "I", which are software specialized in textile, and commercial programs developed by the victim company, are the major assets of the victim company that has been developed through error for a considerable period of time by investing a large number of human resources and research development costs based on know-how acquired for at least 20 years.

As the core developer who directly developed the factory automation software while working in the damaged company, the Defendants observe the company secrets, such as not only while in office the company secrets acquired in accordance with the contents of the (security) pledge while in office, but also promising not to be employed in the same company without being used or leaked against the intent specified after retirement, and thereby making it difficult for the Defendants to do not cause damage to the company due to its use or leakage.

Nevertheless, in violation of his duties, Defendant A is in violation of his duties, at the office of the KOB, the first day of February, 2014, as shown in the attached list of crimes.