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(영문) 대구지방법원 서부지원 2013.07.02 2013고단492
업무상배임
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From September 10, 2012 to September 26, 2012, the Defendant is the victim D Co., Ltd. (hereinafter “victim D”) who designs and manufactures automatic equipment producing seeing wires among the automobile parts located in Daegu-gu Office C (hereinafter “Defendant”) and takes charge of the above automatic equipment design work as design team staff.

Although the Defendant had a duty of care to prevent leakage of major managerial assets related to the business operation, management, technology development, etc. of the victimized company in accordance with the information protection breach and the good faith principle while employed in the victimized company, the Defendant, at around 10:00 on September 11, 2012, entered the design drawings of the victimized company after withdrawal from the victimized company in violation of the said duty, and used them for employment in another company by using his e-mail (E), the following e-mail (F) and NAB e-mail (G) stored on one’s own computer for business use in the victimized company by using the damaged company’s design team office at around 23:20 on September 11, 2012, as shown in the list of crimes, such as the assembly drawings of B/SUD supply and pre-faculing and pre-faculing inspections (a total of 23 automobile parts automatic assembly drawings).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and I;

1. Application of the Acts and subordinate statutes on the screen and the file file list of the suspect's biffying materials, the screen to which the victim company's security program is to be closed;

1. Relevant Articles of the Criminal Act and Articles 356 and 355 (2) of the Criminal Act concerning the crime. Article 356 of the Election of Imprisonment;

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;

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