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(영문) 서울동부지방법원 2017.02.02 2015고단408
업무상배임
Text

The Defendants are not guilty. The summary of the judgment of innocence is publicly notified.

Reasons

Public Prosecutor's Office

1. Defendant A worked as the head of the research institute affiliated to the victim F Research Institute affiliated with the victim F Co., Ltd., Ltd., which had been located within the victim E/M building 504 from August 20, 2009 to June 30, 2012, and around August 16, 2012, Defendant A established, and the representative director of Songpa-gu Seoul Metropolitan Government H Co., Ltd., 606 of the G building.

The Defendant, while working in the victim company, was in charge of the development of software related to the design of the electronic circuit with B, was in charge of the development of the electronic circuit design at the second level, and was in charge of the development of the “I” program which transforms the three-dimensional design data of the Organization into 3DF document.

The Defendant, while working in the victim company, has prepared a confidentiality pledge stating that “no disclosure or disclosure is made of all other information having economic value, such as business information, trade secrets, technical information, etc. acquired or known at the time of his/her employment, and no disclosure is made to a third party by using trade secrets for one year after his/her retirement,” and has the duty to unlawfully use or divulge any tangible or intangible asset he/she has learned or handled in the period of service.

Nevertheless, the Defendant, in violation of his duties, set aside around June 30, 2012 and carried out the same kind of business, and stored in the Nowon-gu, which was used by the Defendant for the purpose of using it, with a total of 1,22 files stored in the outer hump as shown in the list of crimes, such as a crime file.

Accordingly, the defendant acquired the amount of property benefits that can not be calculated, and suffered property damage equivalent to the same amount in the victim company.

2. Defendant B, from February 10, 2010 to November 25, 2012, served as the head of a department at the research institute affiliated with the victim company, and was in charge of modifying the contents of the program from November 26, 2012 to H.

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