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(영문) 수원지방법원 2012.02.15 2011고단798
업무상배임
Text

Defendants shall be punished by imprisonment for ten months.

However, each of the above two years from the date this judgment became final and conclusive is against the Defendants.

Reasons

Punishment of the crime

1. Defendant A, from July 4, 2005 to October 1, 2009, was engaged in the development of machinery, design and software of semiconductor inspection equipment as the head of the research institute from victim E to the victim Co., Ltd., and became the head of the F Research Institute from October 4, 2009, and is engaged in the development of technology related to semiconductor inspection equipment until then.

On October 1, 2009, the Defendant had a duty to return or destroy trade secret data acquired while serving in the damaged company at the time of withdrawal of the victimized company.

Nevertheless, on October 1, 2009, when the Defendant is employed in a competitor company after retirement, the Defendant went against the above duties for the purpose of using the said duties and left the company, and stored the files in the Defendant’s computer (type HD1) located in the Defendant’s office office located in the Defendant’s work site (type 3 and 5) after acquiring the files in the process of performing the said duties, such as the Defendant’s Nowon-gu computer or residence computer, etc., and without returning or destroying the files indicated in the attached crime list 1 to 3 and 5, the Defendant was employed as the head of the F Research Institute Co., Ltd. around October 4, 2009 and stored the said files in the Defendant’s computer (type HD1) located in the said F office from the time to May 26, 2010.

As a result, the defendant acquired the market value of the above trade secret's property benefits and suffered property damages equivalent to the same amount in the damaged company.

2. Defendant B, from August 1, 2005 to October 31, 2009, was engaged in the development of technology related to semiconductor inspection equipment by serving as the team leader of the hardware at the victimized company research institute, while engaging in the development of machinery, design and hardware of semiconductor inspection equipment from around December 1, 2009, and was employed as a research institute from around December 1, 2009 by engaging in the development of technology related to semiconductor inspection equipment.

On October 31, 2009, the defendant acquired the damaged company while holding office in the above company at the time of withdrawal from the company.

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