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(영문) 광주지방법원 순천지원 2018.04.05 2017고단2595
업무상배임등
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From August 1, 2015 to June 1, 2017, the Defendant worked as the head of the environmental project division at the victim D Co., Ltd. (hereinafter referred to as “victim Co., Ltd.”) who provides consulting services for environmental safety and health, and was discharged from the victim company on March 3, 2017. From January 25, 2017 to June 2017, the Defendant was in charge of the internal director and the head of the environmental safety team at the Fasan Business establishment from June 2017 to June 2017.

Despite the fact that the Defendant signed the “a confidentiality pledge” and “work contract” to the effect that the technology, information, etc. acquired during his/her service in the victim company should not be leaked to the outside or used without permission, the Defendant was willing to withdraw from the victim company and then receive and take out the victim company’s trade secrets, etc. stored therein, which are the information and communications network of the victim company prior to retirement, for the purpose of divulging the victim company’s business secrets to the competitor company or using them for his/her own interest.

1. Violation of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (Violation, etc. of Information and Communications Network) (hereinafter “Information and Communications Network Act”) is prohibited from approaching the NAS system at the victim company’s office office around March 2, 2017, when the victim company’s withdrawal from the victim company.

The G NAS ID and password were known to the effect that it is necessary to verify the reports and reports in the process of preparation, and that the ID and passwords of thener are known.”

Then, Defendant 1 becomes aware of G’s NAS system ID and password as above in order to get off the victim’s business confidential data, etc.

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