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(영문) 전주지방법원 군산지원 2018.05.09 2016고단1367
업무상배임
Text

1. The defendant is innocent; 2. The summary of the judgment of innocence shall be published by the defendant.

Reasons

1. The Defendant, from September 2014 to June 15, 2015, served as an employee in the victim agricultural company D and took charge of administrative affairs, such as various permits, reports, entry of goods, and removal.

On June 15, 2015, the Defendant retired from the victim company on the ground that the Defendant was less paid a salary, and entered the E Co., Ltd. in competition with the victim company on June 2015.

The defendant shall not disclose or divulge to a third party any technology, business, or managerial secrets he/she has acquired during the period of office after the termination of the employment contract, or any other reason, such as intentional or willful negligence, and shall bear civil or criminal responsibilities if he/she violates this covenant.

“After entering into a confidentiality agreement to the effect that “,” a pledge of confidentiality was drawn up.

Therefore, the Defendant had a duty to prevent leakage of confidential information about technology, business, and management obtained while working in the victim company.

Nevertheless, the Defendant retired from the victim company on June 15, 2015, and copied the business data, such as “HCCP data,” which was kept to perform the duties of the victim company, to the Defendant’s personal data storage device for the victim’s personal data, including “HCCP data,” and then used them for duties.

Accordingly, the Defendant violated the above duties, thereby causing damage to the victim’s property in an amount necessary for the preparation of a business data file, and taking economic benefits equivalent to the same amount.

2. Determination

A. The burden of proof for the criminal facts prosecuted in a criminal trial is to be borne by the prosecutor, and the recognition of guilt is to be made by the judge in a reasonable doubt.

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