beta
(영문) 대구지방법원 서부지원 2017.11.13 2016고단1980

업무상배임등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From January 20, 2009, the Defendant served as an overseas business director related to the export of Bloddds in Daegu-gu C Co., Ltd. (hereinafter “victim”) from the victim company (hereinafter “C”) on February 25, 2016, and was employed as a business director on March 14, 2016 after joining the victim company E, a same kind of company as the victim company, and serving as a business director.

On February 1992, the injured company started up with the light of the air system, and now average annual sales of 8 billion won, and around February 2015, the overseas exports have increased to approximately 42% of the total sales, and in order to increase overseas exports, the injured company has participated in various textile exhibitions opened in each country of the world each year and has made considerable efforts to increase overseas exports, such as dispatching staff from trade missions to trade missions.

In accordance with the principle of good faith in employment relationship and social norms under an employment contract, the defendant shall not divulge without permission the business data of the victim company acquired while working in the victim company, or use such data for any purpose other than the business, or take them out to the outside of the company. In the case of retirement, such business data shall be returned or discarded to the victim company, and such business data shall not be returned or discarded to the competitor company, and such act as referring to storing them on the computers, etc. of the competitor company shall not be conducted, even though there is a business duty to not do so, in violation of such a business duty, such business data as list data, export data of each customer, quantity of original items, and unit price for export shall be deducted.

In other words, I think that they will be used at the time of severance or retirement.

On January 25, 2016, the Defendant copied 76 business data files to the mobile storage device (USB) at the above victim’s office (USB) as described in the list of crimes in attached Form 2, and on February 25, 2016, the Defendant copied the same company.