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(영문) 대구지방법원 2016.06.14 2016고단937
업무상배임
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

From May 21, 2007 to July 31, 2015, the Defendant served as the technical research institute D of the ICT 204 Daegu Digital Industry Promotion Agency, Daegu-gu, Daegu-gu, Daegu-gu, 831 (hereinafter “damage Company”) in the business of developing, maintaining, and repairing Xebok (including X-pa, epapapa)-related software-related software-related software, which is created by the victimized Company, using the Lbash program, and established and operated a private software development company, “H”, a software development company, in the F University G located in Daegu-gu, Daegu-gu, Seoul-gu, on August 20, 2015.

A damaged company is a company that develops and sells software in various fields, such as short term games, electronic books, and educational contents, and a middle-standing company that has developed software, such as electronic books, in which annual sales amount to KRW 500 million and which has reached 10 years of effort and cost, is an important asset for core core interest of the damaged company.

The Defendant, while in office in the victimized company, shall not leak not only software files, such as “short-term games,” which were developed in accordance with the employment relationship and social norms as above, but also the company’s technology and management secrets that he/she acquired at the time of his/her employment, against the company’s intent specified in the company, and shall have duties to return or discard them to the victimized company at the time of retirement.

Nevertheless, the Defendant, using that he is an employee of a technical research institute that can easily access a software file, arbitrarily leaked the software file to leave the office and refer it to the development of new software after leaving the office. On July 24, 2015, the H office copied the file using a personal hard disc in the computer for business purposes of the victimized company, such as the list of crimes in the attached Form.

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