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Defendant
A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months, respectively.
However, this decision is delivered to the Defendants.
Reasons
Punishment of the crime
Defendant
A, from January 2, 2014 to June 1, 2016, Defendant B, from May 4, 2015 to June 15, 2016, while the head of the injured Party E’s sales division established for the purpose of electrical construction business, painting construction business, and industrial safety supplies wholesale business respectively, provided support for the preparation of application documents so that manufacturers, etc. can be selected as recipients of subsidies for industrial accident prevention facilities funds of the Korea Industrial Safety and Health Corporation, and the manufacturers selected as recipients of subsidies for industrial accident prevention facilities will purchase safety products of the victim company.
After all, Defendant A established and operated “F”, a competitor of the victim company, around August 2, 2016, and Defendant B served as the head of the business division in the “F” from August 2, 2016.
The Defendants had a duty of care to return or destroy material business assets of the victim company that he/she handled in the course of business to the outside and to return or destroy such materials at the time of retirement.
Nevertheless, the Defendants were willing to establish a competitor company after retirement of the victim company’s business-related data, etc. handled by the victim company, or to leave the competitor company without permission for the purpose of using them for business activities, etc. on May 19, 2016. Defendant B, at around the victim company’s office around May 19, 2016, arbitrarily copied the files indicated in the attached crime list, such as “2016 Work Status (Tgu) -xlxx file, etc., to the USB, and sent them by Defendant A’s e-mail on May 31, 2016. The Defendants did not return or discard the victim company’s business entity “the victim company handled at the time of retirement,” without returning or destroying the documents, and the documents, such as the above files and click business entity “F,” which is the competitor company of the victim company.