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(영문) 수원지방법원 평택지원 2018.11.30 2017고단1157 (1)

업무상배임등

Text

Defendant

A Imprisonment with prison labor for two years and for one year and six months, respectively.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

Defendant

A From February 2, 2009 to July 25, 2016, A works as the head of the overall team at the victim C Co., Ltd. (hereinafter “victim Co., Ltd.”) located in Ansan-si as from February 2, 2009 to July 25, 2016, and was engaged in overall management of the company’s business, such as production management, domestic and overseas business, and Defendant B is a person who was engaged in accounting and accounting affairs at the victim Co., Ltd. from May 12, 2012 to May 31, 2013 and works as the representative of the “G” located in Pyeongtaek-si and F from December 2, 2014. The victim Co., Ltd. is a company that manufactures, imports, and sells Damond tools necessary for cutting concrete, asphalt, and fossil cancer, etc., and the victim Co., Ltd., Ltd. (hereinafter “I”) established at the time of interest.

"2017 Highest 1157"

1. Crimes related to the receipt of royalties;

A. According to the rules of employment, annual salary contract, etc. of the victim of occupational breach of trust of Defendant A, Defendant A shall not divulge any business and trade secrets acquired during his/her service while in office, and shall not be employed or engaged in any other occupation while in office without approval of the victim company, and shall not act disadvantageously to the victim company. Since the defendant is under the direction of overall control over the business affairs of the victim company, he/she is in charge of overall business affairs of the victim company, he/she shall not act for the benefit of the victim company in case of conflict of interest between the victim company and the defendant, and shall not act for the victim company, and shall not act for the victim company as a matter of course, or perform acts expected to not

Nevertheless, the defendant, while holding office in the victim company, acquired knowledge about the victim company's multimond manufacturing technology, the operation, maintenance and repair technology of multimond manufacturing machinery, etc.