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(영문) 수원지방법원 안산지원 2016.07.27 2014고단554
업무상배임등
Text

Defendant

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

Defendant

If A does not pay the above fine, 100,000 won.

Reasons

Criminal facts

The defendant is a person who has worked as an employee from March 201 to November 201 at the (State)J in Ansan-si I.

The victim (State) J is a small and medium-sized enterprise that has been established around 1997 and has exported brackers to 60 all over the world, and has raised an average of 10 billion won per year.

When the defendant works for the victim company, he/she was employed as the head of the overseas business division, and was in charge of the overseas business of the victim company, such as the oil pressure tacker, which is the product of the victim company. On November 29, 2011, the defendant set up the machinery business company of K on April 11, 2012 and entered into a contract with the same company (ju) from June 2012, after entering into a contract with the (ju), he/she sold (ju) L's product. On February 2013, 2013, the defendant was regularly employed in (ju) M as the subsidiary company of L.

The defendant served as the head of the overseas business team of the victim company, and he/she promises not to divulge any confidential information acquired in the course of his/her duties or after his/her retirement, and not to join the same company within one year after his/her retirement.

“As a written pledge of the content was prepared, the duty must be performed to withdraw and return technical data, such as design drawings, etc. and business data, such as overseas customer list, acquired while in office, and to not engage in any act of reproduction, storage, removal, etc. to use them for other purposes.

Nevertheless, for the purpose of using the technical data and business data of the victim company by establishing the same company or joining the same company after retirement, the defendant connected the USB owned by the defendant to the Chinese corporate office of the victim company on September 201, 201 and then copied the files "DES1 -300 CDR PIPING KIT2.HWP" No. 1, 2, 40, 54, 56 through 86, 88 through 100, 103, 106 through 125, 127 through 147.

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