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(영문) 수원지방법원 안산지원 2014.10.28 2014고정1260

업무상배임

Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who has been employed as an employee from October 2009 to March 14, 2012 from the Victim G Co., Ltd. (hereinafter “victim Co., Ltd.”) located in the F in the period of harmony.

The injured company is a small and medium enterprise that supplies wastewater treatment facilities to the domestic sewage treatment plant, which is established on March 20, 2002 as a design and manufacturer of the wastewater treatment facilities such as gas, compressors, etc., and the average of 3 billion won per year is being raised.

At the time of working for the victim company, the defendant worked as the head of the production team, and was in charge of the repair work for the gas bridges, which is the product of the victim company, and when the business trip is made for the repair of the equipment, the defendant used the Hurstom car owned by the defendant, and thus, the design drawing of the tools and the gas compresseds necessary for the repair of

The Defendant retired on March 14, 2012 while working as the head of the production team at the victim company, and on April 25, 2012, the Defendant established the I Co., Ltd., the same kind of company of the victim company.

The defendant worked as the head of the victim's production team, and prepared a labor contract stating that "the security shall be ensured so that the company's secrets, such as all technical information and trade secrets, etc. during the period of service, are not leaked, and the outcome and data generated during the work, shall not be privateized because they are company assets." As such, the defendant has a duty to withdraw and return technical data, such as design drawings, etc., acquired while holding office in the victim company and to avoid reproduction, storage, removal, etc. for other purposes.

Nevertheless, on March 14, 2012, the defendant, who established the same company after retirement or joined the same company and used the technical data of the victim company for business affairs, did not return to the victim company the design drawing of the gas compressors owned by the victim company, which was kept in the windowsom car.