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(영문) 인천지방법원 부천지원 2017.05.25 2016고단246
업무상배임
Text

Defendant

A Imprisonment with prison labor for one year, and for six months, each of the defendants B.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

Defendant

A has participated in research projects related to mechanical research, manufacturing, and sales business from around 2001, such as roding, drying, and crushing of the victim G operation, in the capacity of a cooperative researcher belonging to a university. From January 2005, a person in charge of research, development, and design of mination, drying, etc. developed and produced by the above company until he/she retires around November 201 while working as a staff member after being employed in a regular manner in the above company. Defendant B is a person in charge of the same duties as Defendant A at the recommendation of Defendant A, the head of the university, who was employed in the above company on March 2006 and worked as an employee on around May 201, 201.

Since the Defendants served in H as seen above, they not only have a duty to faithfully perform the business of the above companies during the period of work at the above companies, but also have an occupational duty to not only to faithfully perform the business of the above companies, but also to the above companies after retirement, among the materials of the above companies, which they came to know in the course of their work at the above companies, the materials that are not disclosed to the general public by the victims of a considerable time, effort and expenses are not disclosed to the general public for the purpose of divulging them to the competitors or using them for their own interest.

Nevertheless, on May 2010, when the defendant was in office at the above company, he raised a complaint against the victim's treatment, established the same company by using the above company's materials that he worked at the above company and came to know, and around that time, the defendant Eul tried to dismiss the victim's treatment against the defendant Eul who was trying to set up the same kind of business.

H's patent is almost all, and the victim's joint patent d, and there is no problem of light business by establishing the same kind of company.

If a person retires, he shall do so to the same kind of enterprise.

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