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(영문) 수원지방법원 2015.09.10 2014고단2020
업무상배임등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

【Defendant’s social career, etc.】 The Defendant was working in Co., Ltd. (hereinafter “victim company”) from November 16, 2006 to February 21, 2008, but retired from office and re-entered the victimized company on February 15, 201, and worked as the vice president of the victimized company from that time to April 2, 2013, and took overall charge of the affairs related to bio-pharmaceutical drugs of the victimized company.

On April 18, 2013, immediately after the withdrawal of the damaged company, the Defendant taken office as the representative director of F Co., Ltd. (hereinafter “F”) who is the same kind of company as the victimized company, and operates F.

Meanwhile, G (the suspension of indictment on the same day) is a person who served in the damaged company’s business division from April 1, 2012 to April 2, 2013, and worked in F from April 15, 2013, and H (the suspension of indictment on the same day) is a person who served in the damaged company’s technical division from November 28, 201 to April 15, 201, while serving in F from April 18, 2013, and I (the suspension of indictment on the same day) is a person who served in the damaged company’s business division from May 23, 201 to April 16, 2013 and works in F from April 17, 2013.

[Specific Crimes]

1. A company causing occupational breach of trust is a corporation established for the purpose of manufacturing, selling, etc. of sanitary food machinery, such as food storage tanks, and a company which has been manufactured and sold by giving investment in the bio-pharmaceutical drugs and the second cell field from around 2008, and is manufacturing and selling the relevant equipment from customers.

In addition, Defendant, G, etc., who had worked in the technical or business division of the victimized company, has a duty to not disclose or divulge the intellectual and physical property of the victimized company, such as trade secrets, which he/she has learned in the course of performing his/her duties, even after retirement.

Nevertheless, around March 31, 2013, the Defendant confirmed from F’s auditJ that F would make an investment in the field of bio-restricted areas, etc., and had the mind of leaving F to leave the Republic of Korea.

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