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(영문) 서울남부지방법원 2014.06.11 2012고단3736
업무상배임
Text

Defendants shall be punished by imprisonment for six months.

However, for the defendant A and C, it shall be for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

B From August 1, 200 to December 5, 2008, when the victimized company worked for the victimized company from August 1, 200 to December 31, 2008, it is in charge of the development of the ERP system, such as the deputy head in charge of the development of the business division of the ERP (hereinafter “ERP”), and is currently in charge of the ERP overall affairs on December 8, 2008. Defendant A is in charge of the development of the ERP system from around October 2, 200 to around December 31, 2008, while working for the victimized company, it is in charge of the development of the ERP system and its development from around January 2, 2009 to around December 208, 208, Defendant JP is currently in charge of the operation of the ERP system and its development from around 2008 to December 28, 2008.

1. When Defendant B works in the victimized Company, the victimized Company participated in the development of the ERP system by applying L, which is a program of the construction industry ERP system, developed by the victimized Company and supplied by R, P, D, and AE with the program copyright registered with the K Copyright Committee.

Around December 5, 2008, when the defendant retires from a damaged company in Gangnam-gu Seoul AF 901, the defendant prepared and submitted a security pledge of confidentiality with the content that he would not divulge or misappropriate all the external data on technology and business data of all kinds of projects that he participated in, and submitted to the damaged company around December 1, 2008. Thus, although there was a duty to not acquire, use, or divulge them to the damaged company, the defendant violated that duty, and therefore, the victim's ERP system was used for the purpose of using them for his own interest after retirement without a legitimate title.

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