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(영문) 서울북부지방법원 2015.10.08 2015고단2390
업무상배임등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

The victim C was established on January 12, 2012 for the purpose of developing and manufacturing video information communication equipment, and was developing and selling the “video information guidance system.” The “video information guidance system” refers to the display equipment such as monitors, control, and the system for providing various information, such as the number of exchange rates and interest rates, and is so called “D”.

1. From September 1, 2012 to October 31, 2013, the Defendant, in occupational breach of trust, served as the head of the business technology support team at the victim company as the head of the business technology support team, and signed the “trade secret security pledge” with the content that “any company’s trade secret shall not be used or disclosed without permission of the company, or leaked to the competing company after retirement, as well as in office,” and accordingly, there was a duty to avoid reproduction, storage, removal, etc. for other purposes while leaving the trade secret, such as the video information information guidance system, obtained while in office.

Nevertheless, on October 31, 2013, the defendant set aside a victim company, and leaked to the outside by reproducing four files related to the installation and operation of the video information system, such as the IMO Douberver.exe (program installation file), LicseMaker.exe (Program creation file), ESVR.exe (Program installation file), Editor.ex (Compilation file), etc., without destroying four files related to the installation and operation of the video information system.

Accordingly, the Defendant leaked the video information system of the victim company, thereby causing property damage to the victim company in an amount equivalent to the market exchange value of the above system, and acquired property profit equivalent to the same amount.

2. Any person who violates the Copyright Act shall be entitled to author's property rights, such as computer program works without due authority.

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