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(영문) 서울중앙지방법원 2017.04.20 2017고단131

업무상배임

Text

Defendants shall be punished by imprisonment for six months.

However, each of the above punishments shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A between November 14, 2008 and April 30, 2009, A served as a technical director at F, a new company, the former part of the victim E (hereinafter “victim”) established for the purpose of electronic financial transaction business, etc. In other words, from July 8, 2009 to September 1, 2010, a person who was in office as the representative director of G, the same type of business as the victimized company, from March 1, 2012 after retired from office, and Defendant B concluded a contract for the above system design and development of the system from around July 14, 2009 to around October 13, 2009 to around October 14, 2009, while engaging in the aforementioned system design and development of the system from around 10, 201 to around 10, 201, while engaging in the aforementioned system design and development of the system.

1. Defendant A had a duty to return or discard the company’s trade secrets and major business assets, which he/she acquired, collected, or stored in the affected company, to the company when he/she retires, and not to leak or use them for competition company.

Nevertheless, around September 1, 2010, the Defendant left the damaged company at the damaged company office located in Mapo-gu Seoul Metropolitan Government I building 749, and took it out without permission by using cloud services to store and release all 12 files falling under the business secrets and major assets of the victimized company, including a variety of files of the above electronic settlement certification system (0904.22) from the damaged company as a business secrets of the victimized company in the future.

In this respect, the Defendant violated his occupational duty.