업무상배임
A defendant shall be punished by imprisonment for one year.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Punishment of the crime
On November 5, 2012, the Defendant joined the Victim Cosia Co., Ltd. (hereinafter “victim”) Co., Ltd. (hereinafter “the Defendant”), a business household manufacturing and selling company, and worked as C’s agent. On May 2017, the Defendant decided to resign from employment to the Hyundai Embrate Co., Ltd. (hereinafter “Mo Lbrate”), a competitive entity of the victimized company, and retired from the victimized company on June 30, 2017. On July 3, 2017, the Defendant started to work in D.
The injured company was established around July 1992 and listed on the share market around November 2005, and exported products to 30 countries around the world, including the introduction of a household of the concept of OPE to be used for the first time in Korea from the U.S. Federal Public Procurement Service (GSA), and currently occupies approximately 20% of the domestic office-based household market.
The product planning of the damaged company and the suitable office-type household drawings, etc. are not open to the public, are managed as confidential by the damaged company through the drawings management system, etc., and if leaked to the competitor, the time, effort, and cost of the household design, production, etc. are economic value that can reduce the cost, and are classified as trade secrets of the victimized company.
When the defendant retires from the damaged company, he/she had a duty to return or destroy confidential business information acquired during his/her service to the victimized company.
Nevertheless, the Defendant: (a) left his job as above in the modern set; (b) had been willing to remove confidential business materials for the purpose of using them for his work; and (c) had 13 files of goods planning, such as the product planning set forth in [161216] Nos. 1 through 13, 2017, in the damaged company’s office located in 52-gil 17, U.S. from Jun. 19, 2017 to Jun. 30, 2017, in the damaged company’s office located in the 2017-ro, U.S., Yeongdeungpo-gu, Seoul.