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(영문) 서울중앙지방법원 2018.12.20 2016고단9212

업무상배임등

Text

Defendant

A Imprisonment for a year and six months, Defendant B's imprisonment for a year, and Defendant C for a fine of KRW 30 million.

Reasons

Punishment of the crime

[Reference Facts]

1. Status of the Defendants

A. On October 1, 200, Defendant A entered Company D (hereinafter “victim A”) and worked as the central researcher of the recycling medical system business division, etc. around October 1, 2000, Defendant A was in charge of research, development, etc. of halogen products.

Defendant

A, while taking charge of the above duties, filed an application for EF as a patent and registered as G patent, etc. A performed performance in the field of call halog research, and subsequently retired on August 31, 009. < Amended by Presidential Decree No. 19672, Aug. 31, 009>

Defendant

A around September 1, 2009 after the withdrawal of the victim company, around September 1, 2009, served as a researcher of the Seocho-gu Seoul National University of HI cell organizational engineering research institute, and was in charge of technical advisers of Defendant C (hereinafter “Defendant Company”).

B. Defendant B joined the victim company on May 1, 2002 and served as the head of the Lao sales headquarters, the head of the sales marketing headquarters, etc., and retired on December 31, 2009. < Amended by Act No. 9873, Dec. 31, 2009>

Since September 2010, the defendant company was established and operated for manufacturing medical devices and manufacturing halog hagen products.

(c)

Defendant

The Defendant Company is a company established by Defendant B for the purpose of manufacturing medical devices, manufacturing cell therapy products, wholesale and retail business, and wholesale and retail business of medical devices on September 6, 2010.

2. As to the victim company and the trade secrets

A. The injured party company is developing a variety of medical device products with cell therapy and high-speedN as main ingredients, and selling them at home and abroad.

B. The product development data, manufacturing and production-related data, authorization-related data (hereinafter “the technical data of this case”) and call halogic products, which are produced through a series of refining and inorganic processes.