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(영문) 서울중앙지방법원 2018.05.23 2017고단1260
업무상배임
Text

A defendant shall be punished by imprisonment for one year.

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

From May 23, 2012 to April 30, 2016, the Defendant has no use of the secondary batteries, and there are various kinds of cells, such as nitro-cadmium, cadmium-cadmium, nitro-carbon, and polythium, which can be used repeatedly by filling an electric batteries, different from the primary batteries, which are used as new ones, and normally use them in smartphones, electric vehicles, etc.

A person who works as a deputy president in D (E) (hereinafter referred to as “victim”) that manufactures equipment and worked as a representative director on May 12, 2016 after he/she retired from office as the vice president. A person who established and works as the representative director in F on May 12, 2016, as a company of the same kind as the victimized company.

The defendant, as vice president of the victimized company, has overall control over overseas business such as design of the second cell facilities and Chinese etc., and prepared a business secret pledge while employed and employed in the victimized company, so important assets such as business secrets of the victimized company should not be used for disclosure, leakage, or personal interest, and when retired, he/she shall return major assets of the victimized company acquired in the course of business to the injured company, and there has been duties that should not be start-up or leaving-off from competition companies by using business secrets for two years after retirement.

Nevertheless, the Defendant: (a) removed the H design drawings, I drawings, and J facilities drawings, etc., which are core asset and business secrets of the victimized company, which are essential asset and business secrets of the victimized company that conducted research and development by inserting unexpected costs and human resources; and (b) stored outside storage devices, U.S. B B, etc., as indicated in the attached list of crimes, to use them for the business after retirement; and (c) removed them without permission by the victimized company located in Young-gu K on April 30, 2016.

As a result, the Defendant acquired the amount of property benefits equivalent to the unregistered market exchange price, such as the cost necessary for the development of the design technology for the second cell facilities, and the amount that may be caused by the weakening of competitiveness of the damaged company.

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