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(영문) 수원지방법원 2016.01.13 2014고단7057
업무상배임등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

[The guilty portion] The Defendant was employed by E Co., Ltd. (hereinafter “victim”) around July 2010 and served as a civil engineering and technical research institute for the injured Co., Ltd. (hereinafter “the injured Co., Ltd.”) and performed by the victimized Co., Ltd.

F A person who has been in charge of structural interpretation, etc. in relation to a nuclear power plant project, G nuclear power plant project (hereinafter referred to as the “G nuclear power plant”), H nuclear power plant project, etc.

The Defendant prepared a written pledge of information protection related to trade secrets, etc. in the course of performing duties as a responsible researcher, etc. of the victimized company, and received education on a regular basis. Therefore, the Defendant, while promoting the acquisition of non-permanent sovereignty through the NIW brokerage company, i.e., “I”, to use the main business assets of the victimized company to obtain assistance in the acquisition of permanent sovereignty, was taken out without permission, and had the intent to submit it to I.

On March 24, 2014, the Defendant sent a report on the basic design of the FReactor building, which is a major asset of the victimized company, to the Defendant’s account (K) and stored the said file at the Defendant’s office located in Ansan-si L apartment No. 101 Dong 404, around that time, at the Defendant’s office located in Seongbuk-si, J. 702.

Accordingly, the defendant acquired the financial benefits equivalent to the market exchange price in the amount of the above major business assets by removing the major business assets of the damaged company without permission due to the above violation of the above duties, and caused the damage to the damaged company equivalent to the amount of the negative profit reduction.

Summary of Evidence

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Legal statements from witnesses M, N andO;

1. Statement made by the prosecution against the N, M orO;

1. The statement of P;

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