업무상배임
The defendant shall be innocent.
1. The Defendant, from March 1, 2005 to August 17, 2012, was in office as the head of the headquarters for the leading project of the Victim Co., Ltd. D (hereinafter “victim”) from around March 1, 2005, and was in charge of F Development as the first, second, and third PM projects ordered by the victim company from the Korea Transport Institute. Around August 20, 2012, the Defendant established and operated G, a same business entity with the victim company, as the victim company.
1. The Defendant prepared a written oath to the effect that he/she will not return and leak trade secrets and related data at the time of his/her employment and retirement, and the victim company manages bid proposals, etc. as major assets through security organization guidelines, security management regulations, etc. As such, the Defendant is not obliged to leak major assets acquired during his/her employment, and there was a duty to return or delete them at the time of his/her retirement.
Nevertheless, around August 2012, the defendant retired from the victim company, and removed the file of the third project proposal of the victim company, and prepared a proposal to participate in the tender of the fourth project ordered by the Korea Transport Institute at the G Office, G Office, Young-gu, Young-gu, Seoul, Seoul, in November 2012, the defendant used the third project proposal of the victim company.
As a result, the Defendant acquired the financial benefits equivalent to the market exchange value of the bid proposal, and caused the same damages to the victim company.
2. On August 21, 2012, immediately after the withdrawal of the victim company, the Defendant and the victim company entered into an agreement with the victim company, stating that “The victim company would pay a certain amount of service to the Defendant after receiving the fourth project from the Korea Transport Institute, and assist the Defendant with three personnel of the victim company, thereby carrying out the project.”
The victim company shall be in accordance with the above Convention.