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A defendant shall be punished by imprisonment for not less than eight months.
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 is a person who was employed on February 1, 2012 in the victim C Co., Ltd. (hereinafter “victim Co., Ltd.”) (hereinafter “victim Co., Ltd.”) located in 203, 303-2, the main business of which is the manufacture and sale of a ample-gu, Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City (hereinafter “the Defendant”) and worked as a technical adviser who is a general manager in charge of the development of technology of the victimized company until he/she retires on April 7, 2014.
1. The charges of occupational breach of trust by the Defendant on occupational breach of trust are as follows: “The Defendant brought arbitrarily the trade secrets and major business assets of the victimized company, thereby causing property damage to the victimized company.
“” is written to the effect that “.
However, as seen below, it is not recognized that the materials of the damaged company which the defendant voluntarily brought about are trade secrets.
Therefore, even though there is no proof of a crime that the defendant committed an act in breach of trust by going against the business secrets, even if the data is not disclosed to many unspecified persons even if it is not confidential, and even if the data falls under the "major business assets" produced by the employer using considerable time, effort and expenses, the act of taking out and using the data constitutes a crime of occupational breach of trust (see Supreme Court Decision 2006Do9089, Apr. 24, 2008, etc.). In this case, the data in Table 1 of the crime committed by the defendant in this case fall under the "major business assets" produced by the damaged company using considerable period, effort and expenses as stated in the above criminal facts in violation of the defendant's duty, if the defendant arbitrarily brought about the "major business assets" of the victimized company as stated in the above criminal facts.
In addition, the work is assigned to one another.