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(영문) 수원지방법원 2015.01.13 2014고단1361

업무상배임

Text

Defendant

A shall be punished by a fine of KRW 15,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Criminal facts

Defendant

A entered into G Co., Ltd. (hereinafter referred to as “victim”) on March 2, 2009 and worked as the head of the design 2 team team, and retired from employment to I (hereinafter referred to as “I”) located in Suwon-si, Suwon-si on August 1, 2012.

The injured company is a corporation established for the purpose of producing and selling LV automation facilities, and only those who are directly related to the business in the production and sale of INVE SYESM and quality control equipment from the customer, and have access to the relevant design drawings, specifications, cost data, etc.

In addition, Defendant A was a person who worked at the design team of the victimized Company and was in office or retired from office, and was prepared a pledge to not use the intellectual and physical property of the victimized Company, such as technology, drawing, and data, for himself/herself, competitors, or other third parties, and thus, Defendant A had a duty to return or discard major business property acquired while in office at the victimized Company when withdrawn from the victimized Company.

Defendant

A, on June 2012, when the intention of withdrawal from the injured company was determined by the M&C due to the M&C with other employees, the J, who worked in the same design team for the purpose of employment and use in the other company, received various design drawings, etc. on the products of the victimized company, which were stored in the design team server, and sent them to North Korea.

J at the design team office of the damaged company located in Young-gu K in Suwon-gu in July 2012, with the use of OVEN SYSEM and INSPTPPN at its location, access to the design team server at which the design team server was stored, such as the production drawings and specifications of various equipment, which had been designed by order from the customer in the damaged company, such as OVEN SYEM and INSPECICON, and then the entry is made at 1 to 39, 43, 44, 46 through 54, 57 through 62 of the list of crimes in the annexed sheet 1.