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(영문) 대전지방법원 2017.06.27 2017고단709

업무상배임

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 4, 2011, the Defendant became a member of the Victim B Co., Ltd. and entered R&D. Around July 4, 2011, as a research institute for the appointment of development teams of Group 2 fingerprinting D, participating in major projects related to fingerprinting production, sampleing device design, performance assessment, and waterproof technology development, such as fingerprinting, and withdrawing from the victim company around September 13, 2013, and entered into the Dispute Resolution Co., Ltd. on May 4, 2015.

A victim company is a specialized company in mobile input chain, and has invested long-term research and development, human resources, and expenses in related projects, such as fingerprinting and fingerprinting techniques, and the Defendant acquired or used necessary data in the course of performing the aforementioned-related research and development work, etc. while working in the victim company, and written a written oath that the Defendant does not retain or keep trade secrets in any case around September 2, 2013. As such, the Defendant had the duty to return or discard the important assets so acquired when the victim company retires from the victim company.

그럼에도 피고인은 2013. 9. 23. 경 피해자 회사에서 퇴사하면서 피해자 회사의 ‘ 애 BTP 외관 판정기준 .xlsx', 'BTP 부품 신뢰성 기준 _Rev0_ .xls', 'check list.xls', 'DFMEA (BTP-C _T) _130612 _Rev0 .1-1 .xlsx' 파일을 피해자 회사에 반환하거나 폐기하지 않은 채 개인 노트북에 저장하여 가지고 나왔고, 2015. 7. 6. 경 ㈜C 의 직장 동료 D에게 업무에 참고 하라고 하면서 USB에 저장하여 위 파일을 건넸다.

As a result, the defendant violated his duties, thereby causing property damage equivalent to the market exchange value of the file assets to the victim company, and acquired property profit equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of each police station against D;

1. A's self-certificate on September 2, 2013;

1. Investigation reports (as a result of the A computer analysis), investigation reports (Outlok stored in the suspect’s office computer for business purposes).