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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person who was employed in around September 14, 2017 and works as a management director for the purpose of manufacturing and selling motor vehicle parts, electronic parts, and pressure parts with factories and offices in Kimhae-si B (hereinafter referred to as “victim”) and retired on August 24, 2018.
The defendant, while holding office as an employee of the victimized company, should not take out trade secrets or material equivalent to business assets of victimized company under contractual or good faith principle in order to use them for personal benefit, and even if the material was legally taken out during his/her service, there was a duty to return it to the victimized company or destroy it when he/she retires.
Nevertheless, around July 31, 2018, the Defendant connected the server computer in which the main file data, etc. of the victimized company were kept by using the clock for business purposes at the victimized company office, and then stored 264 business files falling under the main business assets of the victimized company in the server computer in 2015, which were stored in the above server computer, with all the processed quantities of the items, the total quantities by item, and the unit price by item recorded in the above server computer in 2015, and transferred 114 business files, including the unit quantity.xlx files, to the USB for the Defendant’s personal use. From February 5, 2018 to August 23, 2018, the Defendant returned 264 business files falling under the main business assets of the victimized company to the USB for his own personal use, and did not return them to the said company for the purpose of leaving his/her business, without returning them to the company as they were, for the purpose of leaving his/her employment.
Accordingly, the defendant violates the above occupational duties and thereby constitutes the above business data belonging to the damaged company's major assets.