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(영문) 청주지방법원 2018.06.15 2018고단613
업무상배임
Text

A defendant shall be punished by imprisonment for one year.

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

The Defendant, from March 29, 2010 to March 31, 2017, worked as D from the Aark, Inc., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., (hereinafter “victim”) of the Dak-dong Section Manufacturing Business, Inc., Ltd., (hereinafter “victim”), and was employed as a member of the Technical Research Institute around June 15, 2017, and is in charge of the development of the previous Section.

A victimized company is an enterprise that develops and sells shock-type tools, and stores important business data, such as parts drawings and design data, generated or used in the process of product development, etc., and only grants authority to the members of the department or employees in need of such data, and allowed access to them. On April 5, 2013, the Defendant prepared and submitted a written pledge of confidentiality to the victimized company stating that “the Defendant would not use or provide for the Defendant himself/herself or competitive company or any third party any confidential information, such as any technical secrets acquired during the period of service,” and thus, the Defendant was not obliged to divulge material business data, such as the former East-dong drawings, etc., of the victimized Council or to remove them without permission for the purpose of using them for his/her own interest. In so doing, the Defendant was obligated to return or destroy such material business data acquired during his/her employment.

Nevertheless, the Defendant planned to retire the damaged company around December 2016, and copied the main business data, such as the parts drawings and design data of the victimized company, and used them to develop the product in the future employment company, etc. On January 2, 2017, at the office of the technical research institute of the victimized company located in the Cheongju-gu, Cheongju-gu, Cheongju-si, the petition-gu, at around 13:45 on January 2, 2017, access the above technical research institute server using the Defendant’s computer to the above technical research institute server, and then the implementation of the previous tools, and the details of design verification.

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