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(영문) 인천지방법원 부천지원 2013.04.03 2012고단784
업무상배임미수
Text

Defendant

A Imprisonment with prison labor for ten months, for six months, for six months, and for four months, for Defendant C, respectively.

Reasons

Punishment of the crime

【Social Career】

1. Defendant A is a competitor of D Co., Ltd. (former Co., Ltd.) (former Co., Ltd.) that is the victim on July 1, 2009, and is a representative director who is established and operated F, which is a producer of LEIGHT, and a real operator of G who supplied parts and metal to E between December 2005 and September 2009.

2. Defendant B, who entered the victim company on June 1, 2001, served as the head of the research institute or vice head and worked as a general manager in charge of the product development of the victim company. On April 3, 2010, the victim company was retired from the company, and then entered F as a competitor company, and is in charge of the product design of the above company as a regular manager of the company.

3. Defendant C entered the victim company on September 1, 200, and served as the deputy head of the production department as a general manager of the product manufacturing business of the victim company. Defendant C retired from the victim company on June 30, 201.

【Criminal Facts】

1. Defendant B and C, at the time of joining the victim company, prepared a written oath that they shall not divulge any trade secret, such as business and production technology, which they acquired while employed in the above company. As such, Defendant B and C had a duty not to divulge the trade secret, which they acquired while employed in the above company, even during their service and after their retirement.

Defendant

A from around December 2005, when operating G, supplied parts and gold in HIDs and LED lamps produced by the victim company from around December 2, 2005, as a result, the transaction was suspended due to the victim company's unilateral unit price reduction, establishing F on July 1, 2009 for the purpose of producing and selling the same LED lamps with the victim company. The defendant B, who served in the victim company, was employed as the regular manager of the above company, was in charge of the product development work.

Defendant

A receives a prior invoice (PROFOR INVE) for ordering from H of Finland and accordingly the product price is the product price.

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