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(영문) 서울중앙지방법원 2013.03.14 2013고합32
업무상배임
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is a technician of the nationality of the Republic of Belarus, who is a victim corporation D (hereinafter “D”) established for the purpose of designing, manufacturing, and distributing semiconductors, to design semiconductor circuits from April 27, 2008 to October 12, 2012.

Since the defendant agreed not to spread confidential information acquired while on duty in D, it was obligated not to leak D's technical data or use D's technical data for the competitor company.

On August 14, 2012, the Defendant: (a) connected to the server of the Rims system of the Mapo-gu Seoul Mapo-gu 503 building 503, where semiconductor technical data of D were stored; and (b) stored DNA technical data listed in the attached Table Nos. 1 through 7, such as algorithm related to the development of semiconductor chips (the project name: F) and the integration of files, which were designed in D; and (c) arbitrarily stored and removed them.

On October 15, 2012, the Defendant: (a) copied D’s technical data, such as the design specifications related to the development of semiconductor chips (project name: G) designed in D at the same place; and (b) stored and carried out arbitrarily after receiving them from the Defendant’s residence, in the USB Maga card; and (c) stored them.

As a result, the Defendant acquired approximately KRW 1.2 billion of the technology development cost corresponding to the property value of D technical data, and caused property damage equivalent to the same amount to D who is the victimized company.

2. Although the defendant's assertion of the defendant and his defense counsel has copied technical data owned D, as stated in the facts charged, in the case of technical data listed in paragraphs 1 through 7 of the attached list of crimes, it was reproduced to carry out tightly in collection after business hours, and the technical data listed in paragraphs 8 through 13 of the attached list of crimes.

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