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(영문) 대구지방법원 서부지원 2015.08.21 2014고정1034
업무상배임
Text

Defendant shall be punished by a fine of seven million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On September 16, 2009, the Defendant entered the company D (hereinafter “victim Company”) located in Daegu-gu, Daegu-gu, and worked as the head of the technical research institute that researches and develops the “E” electronic circuits produced by the Victim Company, and retired on February 17, 201, and established G Co., Ltd., which is an electronic device developer of the FM building 303 of the Daegu-gu, Daegu-gu, on June 17, 201, and developed and sells a set of electric shocking, and “E” for about two years.

On the other hand, the victim company has continuously invested approximately KRW 1 billion in total of the government subsidies and the funds of the victim company from 2005 and has produced and sold the "E" using design and production technology accumulated through several errors in implementation.

As above, the Defendant, as the head of the victim company’s research institute, was in charge of the research and development of electronic circuits, and prepared a confidentiality contract stating that “to strictly keep secrets in the course of performing his/her duties and not disclose secrets,” has the duty to return to the company the data, such as drawings, circuit drawings, etc. acquired during the period of his/her service, and to not engage in any act such as reproduction, storage, removal from office

Nevertheless, in February 2011, the Defendant removed 83 files, including 26 files, 16 circuit drawings, 15 files, and 26 files of technical data (hereinafter “the instant data”) of “E” from his/her own U.S.B while withdrawing the victim company, and then stored them in E’s own U.S.B, and then acquired pecuniary benefits in the amount of damage by newly developing “E” in his/her company’s production, and caused the victim’s pecuniary damage equivalent to the same amount of money.

b)a summary of the evidence;

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