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(영문) 수원지방법원 안양지원 2016.11.01 2016고단963

업무상배임등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 26, 2015, the Defendant is a person retired without permission from the Defendant around October 17, 2015, when entering the Magjin Co.,, Ltd. (hereinafter referred to as “victim Co., Ltd.”) and taking charge of the design and business of the Magjin-gu Co., Ltd., Ltd. (hereinafter referred to as “victim Co., Ltd.”), a company manufacturing and selling the Magjin-gu, Daegu-si, Seoul Special Metropolitan City-gu, 116-15.

No one shall acquire or use trade secrets or divulge them to a third party for the purpose of obtaining improper profits or inflicting damage on the owner of the trade secrets, and the defendant has a duty not to remove or use important business assets, such as trade secrets, of the victimized company, without permission, if he/she withdraws from the victimized company in accordance with "a written pledge to protect trade secrets," etc. prepared at the time of joining the victimized company.

Nevertheless, at around October 16, 2015 and around October 17, 2015, the Defendant: (a) stored 5,090 file files including 695 business assets of the victimized company, which are trade secrets of the victimized company, (the detailed details are the same as the list 1 of the crime sight list), including 5,090 file files such as the unit price table (the detailed details are the same as the list 2 of the crime sight table) in the mobile-type office of the victimized company; and (b) removed from the office without permission without permission without permission on October 17, 2015; and (c) took place the above materials by referring to the above data and the above business activities from November 1, 2015 to December 1, 2016.

As a result, the Defendant acquired and used trade secrets of the victimized company for the purpose of gaining unjust profits or causing damage to the victimized company. At the same time, the Defendant violated his/her duties, thereby acquiring the market value of the above business assets files and taking profits equivalent to the market value of the above business assets and reducing the sales amount, etc.