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(영문) 수원지방법원 2021.02.09 2020고단3196
업무상배임
Text

[Defendant A] The defendant shall be punished by imprisonment with prison labor for one year

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[Presumption Facts] The victim E Co., Ltd. (hereinafter "victim E") is a corporation established on May 7, 199 for the purpose of manufacturing and selling the products, such as matching, etc., and is mainly engaged in automobile contacting. The corporation established and implemented its own security regulations, provided employees with regular security-related education on a regular basis, and provided employees with a security pledge that they would not take out company data outside the outside, and made reasonable efforts to prevent leakage of company data by installing and operating a security system with the function of preventing copying files using external devices, such as hard disks, etc. on a computer for business purposes. Defendant A joined the damaged company on May 1, 2008 and retired from the research team on June 30, 2017, Defendant B went to work as the head researcher, and Defendant B went to contact with the damaged company on June 30, 2017 with its regular duty from January 3, 2005 to July 27, 2017.

On the other hand, Defendant D Co., Ltd is a corporation established for the purpose of wholesale and retail business of chemical products on June 19, 199, which is a research institute that takes charge of the development of raw materials resin for automobile contacting with D Co., Ltd., and Defendant C is the head of the research institute that takes charge of the development of raw materials resin for automobile contacting.

1. Defendant A, who is well aware of the fact that the damaged company takes various measures to prevent external leakage of company data, such as providing a written oath including the content that he/she will serve in the victimized company, participate in security education, and discard the company data at the time of leaving the victimized company, and is in the business of the victimized company, such as technology and management information that he/she acquired while working as a researcher.

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