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(영문) 부산지방법원 2013.08.13 2012고단10762
업무상배임
Text

Defendant

A shall be punished by imprisonment with prison labor for a year and six months, and by imprisonment with prison labor for a year.

Reasons

Punishment of the crime

Defendant

A around May 202, he/she entered the business register of the victim F (representative G) of F (representative G) from among the construction of He/she was in charge of the business of the victim F (representative G). On May 30, 201, he/she retired the victim company, and established and operated the gold-type production chain I located in J from September 1, 201, and around February 2010, Defendant B entered the victim company's technical research institute as a member of the victim company's technical research institute and was in charge of the gold-type 3D model design file work using the EUKD design program. On September 30, 2011, he/she retired on September 30, 201, and was in charge of the 3D model file work by becoming the vice head at the first police officer operated by the above defendant A as the victim company.

The Defendants, who hold office in accordance with the labor contract, etc. of the above company as the victim, shall withdraw and destroy technical data and business data, which are assets important for management acquired while leaving office, and shall not engage in acts such as reproduction, storage, removal from office, etc. for other purposes.

around June 201, the Defendants left the Busan Gangseo-gu District Sports Park, and did not return or discard a 3D model design file for the manufacture of a subordinate link that is used in the construction equipment to the victim company, and the Defendant A was used at the I newly established by the Defendant Company. Defendant A, as the representative of I, has overall control over the business of securing customers and others, and Defendant B, as the deputy head of the production department, recruited Defendant B to take charge of the actual production of gold-type technology and the deputy head.

Accordingly, Defendant B had the intent to secure and withdraw 2D design files and 3D model design files related to the management of the victim company and the production of heavy equipment linked, which is an important business asset, before withdrawing the victim company. Defendant B’s production activities by the victim company’s technical research institute around June 201.

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