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(영문) 서울중앙지방법원 2016.07.21 2015고단4829
업무상배임등
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 shall be forfeited from the accused.

Reasons

Punishment of the crime

On September 2010, the Defendant was employed by the director of the research institute in the Victim B Co., Ltd. (hereinafter “victim”) and was employed by the head of the research institute in around December 1, 201 after the withdrawal from office around December 1, 2011, and was on duty as the head of the research institute in the Co., Ltd. (hereinafter “C”) around January 201, and retired on August 24, 2013.

1. Since the Defendant, in occupational breach of trust, engaged in the development of “D” 2D and 3D engine engine engine license codes of the victimized company, acquired business confidential data related to the development of “D” of the victimized company, the Defendant has a duty to not duplicate, divulge, or leak data related to the business secrets of the victimized company in retirement of the victimized company.

Nevertheless, around December 1, 2011, the Defendant stored “D/3DE” data in the office of the victimized company located in Gangnam-gu Seoul, for the purpose of finding employment in the competition company or using them for his own interest, and deposited them with the outer humd with the outer humd, as indicated in the attached list of crimes, which are the business secrets or major assets of the victimized company, as well as the main assets for business purposes.

As a result, the Defendant acquired financial benefits equivalent to the value of the property that could not be known for the confidential business information of the damaged company or the material that is a major asset for business use, and caused the damage equivalent to the same amount to the damaged company.

2. Around January 2012, the Defendant retired a damaged company and became a C Development Team leader, and developed “land aptitude assessment program” in accordance with the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter “Unfair Competition Prevention and Trade Secret Protection Act”), the Defendant used the “DB projector related small and medium projector code”, which is a business secret of the victimized company, generated by storing it in the outer lower tier as in the foregoing paragraph (1).

Accordingly, the defendant's business secrets are useful to the damaged company for the purpose of gaining unjust profits or inflicting losses on the company.

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