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(영문) 인천지방법원 부천지원 2012.08.02 2010고단1439

업무상배임 등

Text

Defendants are not guilty.

Reasons

I. As to Defendant A

1. A summary of the facts charged was entered by the Defendant around February 1, 2007, the complainant E (hereinafter the complainant company or E), a portable device producer for industrial use, and the Defendant, as the vice head of the overseas business team, engaged mainly in the sales of a portable device against Asian region. On March 31, 2010, E was retired and then entered the F Co., Ltd. (hereinafter the “F”) around April 19, 201 and served as the director of the overseas business team in charge of Europe.

No one shall acquire or use trade secrets useful to the company or divulge them to a third party for the purpose of obtaining unjust profits or causing loss to the company, and the defendant, as the vice head of the overseas business team of the accused company, prepared a written pledge that the company will not divulge the company's trade secrets to a third party even after his retirement, and made a pledge that all the trade secrets of the company related to the business should not be disclosed to the third party upon retirement, so the complainant has a duty not to divulge the company's trade secrets to the outside.

From February 1, 2007 to March 31, 2010, the Defendant was in charge of the business of Asian region of the complainant company. From February 1, 2007 to March 31, 2010, the Defendant was in charge of the business related to the “China H project”, a Chinese logistics company, in order to supply a portable device of 20,000 tons to the “G”, and in order to supply a portable device of 20,000 tons to China H in 2011.

While the Defendant is in charge of the foregoing duties, he/she is willing to raise a complaint to the management method of the complainant company, to leave his/her job to F, a competitor, and to work in the complainant company around December 21, 2009.

F) The intention of employment of I, B, who is in charge of the head of the domestic business headquarters in F, is expressed in F, and the intention of employment of I, B, who is in charge of the head of the domestic business headquarters in F, from January 8, 2010 to February 2, 2010, the J, who is the head of the FF Foreign Business headquarters, is confirmed three times or more, and then the complainant on February 22, 2010.