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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2016.03.31 2015고단1803
업무상배임
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged in the instant case is a person who has been engaged in assisting in the business of surveying and developing the market where nanotechnology is applied by the victimized company (State) C (hereinafter “victim”) from July 201 to February 2012.

The Defendant prepared a written contract stating that “the data developed by the Defendant is owned by the victimized Company, and is not disclosed to a third party or used for profit other than the victimized Company without the written consent of the victimized Company even after the contract term and the contract term have expired,” and also has an occupational obligation to return or discard the above data upon retirement according to the incidental obligation under an employment contract or the duty under the good faith principle.

In the end, there is a duty that the defendant should not take out, divulge, or use major business assets of the victimized company during his/her employment for personal benefit.

Nevertheless, on February 2, 2012, the Defendant retired the damaged company located in Young-gu, Young-gu, Suwon-si without returning six major business assets of the victimized company listed in the annexed crime list, including “E”, to the company, and taken them out without returning to the company, and acquired the amount of the above assets and the pecuniary benefits equivalent to the market exchange value of the non-merchants and suffered significant damages to the damaged company.

2. The Defendant’s defense counsel contract was concluded with C Co., Ltd. (hereinafter “C”) from August 201 to October 201, and completed a test or document review requested by C from August 201 to October 201, and sent the content thereof by means of file attachment via Gmail to C, the data listed in the attached list of crimes (hereinafter “the instant data”) was stored in the Defendant’s strip North Korea. However, the instant data were the major business assets of C.

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