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(영문) 서울중앙지방법원 2015.03.24 2014고정5631

업무상배임

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

From June 24, 2013 to March 2014, the Defendant is a person who has worked as a regular manager in charge of trade affairs, such as import of main supplies, inventory management, etc. in the damaged company C located in Jung-gu Seoul Metropolitan Government.

In light of the principle of good faith, etc., the defendant has a duty to withdraw and return trade secrets, major business assets, etc. acquired while in office in a damaged company, and not perform acts such as reproduction, storage, removal from the outside, etc. for other purposes.

Nevertheless, around January 11, 2014, the Defendant sent the Defendant’s personal e-mail to the addressee the material, such as the cost list of the damaged company’s trade secrets or the cost list of the damaged company’s business assets, new products development data, transaction account list, transaction partner list, transaction transaction information, quantity by item, inventory amount, cash receipt and disbursement book, return amount by item, and data of Chinese transaction parties, using the damaged company’s e-mail in violation of its business duties, to refer it to after withdrawal from the office in violation of its business duties. On the same date, around March 19, 2014, the Defendant sent the Defendant’s personal e-mail to the damaged company without returning the material, such as the trade secrets or the price list of Japanese transaction parties, which are major business assets of the victimized company, in the same manner as the Defendant’s e-mail, without permission, and at the same time, acquired the profits of the damaged company without permission, and suffered the same amount of

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of partial police interrogation of the accused;

1. The police statement concerning F;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 356 of the Criminal Act and Articles 355(1) of the Criminal Act (Selection of Fines) concerning criminal facts are sold by item, by item, by new products development data, by transaction party list, by transaction party information, and by item.