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(영문) 서울중앙지방법원 2017.02.09 2016고단4947

업무상배임

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

From May 1, 2008 to September 2012, the Defendant: (a) was a person who worked in Korean and Computer Co., Ltd. (hereinafter “victim Co., Ltd”); (b) re-entered on February 12, 2013; and (c) retired on November 30, 2013 from the D Team of the Victim Co., Ltd. on December 1, 2013, the Defendant established H Co., Ltd. from the Gangnam-gu Seoul Metropolitan Government F5 level G on January 10, 2014.

The victim company is an enterprise whose main business is the development, distribution, and maintenance of software, and around 209, the victim company developed the ‘E' program, which is the program exclusively for read (Viewer) that can see documents in the webbroer's shop. From the second half of 2012, the victim company started to develop the ‘E' program in full scale in the above D team.

A victim company has continued to observe physical security such as access control of the company and CCTV leakage through the Internet network and development network, and the program license code is stored, managed, and developed in the development network SVN (SV) SVN (SV), granted access to the program license code only to the developers of each program. For the development of the E program’s source code, the cost of 3.9 billion won was invested during a period of three years, and it cannot be obtained without going through the victim company because it constitutes a trade secret that can obtain a competitive benefit because it constitutes a trade secret that the Defendant may not divulge or use the business secret that he/she has become aware of while working in the victim company, and the Defendant signed a pledge of performance of his/her duties, duty of information security, etc. that it cannot be removed from the outside, and returned or deleted the data acquired.

The program code, such as weak class, constitutes a trade secret, and leaks or leaks.