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(영문) 대전지방법원 2013.05.02 2012고단4553
업무상배임
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is as follows: (a) the Defendant entered the victim E Co., Ltd. (hereinafter “victim E”) in Daegu-gu, the actual representative of which is C (hereinafter “victim E”) on March 2009; (b) was in charge of the business of manufacturing ready-mixeds and the installation supervision of plants (technical equipment) produced by reprocessing ready-mixeds and waste asphalts; and (c) retired from the Defendant around December 201.

Design drawings of new asphalt containers and end-of-life container recycling plants produced by the above injured company have been developed since 1999 after C, the representative of the above victimized company, has invested about about 1.2 billion won of the cost, has been subject to continuous and erroneous execution, such as research, development, etc., throughout 13 years from 199 to 13 years. The purchase price list has been prepared to accumulate the cost information on materials (such as iron and sheet) entered for the production of plants with the cost information received from the purchasing agency for the purpose of determining the estimated cost of the plant, with the cost information collected from the purchasing agency for the purpose of business operation for three years. The design drawings and the purchase price list are major information of the victimized company.

The defendant should not take out major business assets manufactured by using considerable time, effort, and expenses in the affected company, which were managed by the injured company while engaging in product sale business activities, in accordance with the principle of employment relationship or good faith, and there was a duty to return or discard the trade secrets, etc. to the company at the time of retirement.

Nevertheless, the Defendant released the purchase price table and the design drawings of the above plant, which are major assets of the business management of the above victimized company while leaving the above victimized company, and provided them before entering H, which is the manufacturer of the electricity board located in Daejeon-gu Daejeon-gu Seoul Metropolitan Government, which is operated by F, with the intent to produce plant production machinery by removing the major information of the above victimized company.

On December 5, 2011, the Defendant is located in Daegu-gu D.

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