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(영문) 창원지방법원 2014.09.16 2014고단963
업무상배임
Text

1. Defendants shall be punished by imprisonment with prison labor for up to two years and six months.

2.Provided, That with respect to Defendant B, the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A, around December 20, 1993, became a victimized company, and was employed as the chief researcher of H business management team, and retired on May 19, 2013. On July 1, 2013, a person who retired from China as a former subsidiary company of China and worked as a person in charge of I development from November 15, 2013.

Defendant

B shall be employed by the injured company on September 11, 2001 and shall be in charge of the J development as the main officer of H business division.

On October 11, 2013, retirement from office was made, and on October 25, 2013, a person who retired from office as a former subsidiary of China and worked as a J Development Research Institute.

The injured company is a corporation established for the purpose of manufacturing and selling electronic machinery, appliances, and telecommunications machinery, equipment, and telecommunications equipment, consisting of five business headquarters, including the headquarters of automobile parts (VC), mobile phone business headquarters (MC), TV business headquarters (HE), air-conditioning business headquarters (HE), and HA business headquarters (HA). The J business division, which is an organization affiliated with the double HA business headquarters, has achieved approximately KRW 30 billion sales as of 2013. In particular, in the case of the I sector that began to be commercialized from around 2003 and began to be commercialized from around 2009, it forms the market share of 68% domestically and overseas 8.2% (2%).

In the event that core core technology data are installed by the J-related fire walls and stored in the server where Internet access is not possible, the injured company classified the importance of the trade secret according to the "Information Asset Classification and Management", and limited the right to authorize each trade secret to treat the trade secret differently by the classification of trade secrets, and designated a security manager to check the access to the security system, and temporarily block the use of the DNA device in the external storage device on the personal PC, and also periodically check the e-mail download details sent out out from the company, and the details of the use of the USB meta.

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