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(영문) 창원지방법원 2020.10.06 2020고단1929
업무상배임
Text

[Defendant A] The defendant shall be punished by imprisonment for six months.

However, the above sentence shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 9, 2016, from around June 15, 2017 to around June 15, 2017, Defendant A related to the parties: (a) retired from the office in charge of overseas business as an agent in the victimized Company C; and (b) retired from office from July 10, 2017 to Kimhae-si; and (c) Defendant B retired from office from November 16, 2015 to February 28, 2018; and (d) retired from office as the vice head in charge of overseas business from the victimized Company to the said Company E from March 2018.

The injured company, as an enterprise producing raw materials (PET) of plastic products in the Gyeongbuk-gun F, imported and exported plastic products from abroad, such as Japan, to Korea and the United States, and invested in the amount of KRW 43 billion per annum by establishing a separate corporation in the United States for overseas export, and invested in the amount of KRW 300 million per annum. The injured company discovered 14 companies, including the United States customer company, as a customer company, by endeavoring to invest the amount of KRW 20 million in the Republic of Korea as the first place in the Republic of Korea, and discovered 14 companies, including the United States customer company, as the customer company's information and revenue acquired in the course of discovering the customer company, the export price, and the raw materials added to the raw materials, are major business information of the victimized company.

2. Defendant A was in charge of overseas business affairs of the victimized company and kept and preserved material business information of the victimized company. As such, Defendant A was an employee of the victimized company with the duty of due care of a good manager, not only has the duty to perform such duties, but also has the duty to return or discard the material legally taken out to the victimized company if he retires by preparing and submitting a letter of commitment to protect trade secrets in the victimized company.

Nevertheless, around June 15, 2017, the defendant will work in the office of victimized company F in the elderly military F.

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