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(영문) 수원지방법원 안양지원 2018.05.25 2018고단116
업무상배임
Text

Defendants shall be punished by a fine of KRW 2,000,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

Defendant

A is a person who, from November 24, 201 to June 8, 2015, worked as an executive director at the victim C Co., Ltd. and was in general control over the affairs of the country and affairs inside and outside of the mobile phone set forth in the mobile phone set, including mobile phone sets, and thereafter, was retired, and was engaged in the business of manufacturing and selling mobile phone set up a D Co., Ltd. around August 2015.

Defendant

B, from December 5, 201 to April 30, 2016, B is a person who has served as the head of the design team (head) team at the above victim company and has overall control over product design affairs.

The victim company is a corporation that has engaged in the design, production, and sales of mobile phones including mobile phone case with the brand called "E".

Defendant

A requested Defendant B to design a mobile phone case in the French area around July 2015 for his/her mobile phone manufacturing and sales business.

Defendant

B around January 2, 2015, the victim company and the "any executive or employee of the same or similar company that can divulge business secrets during the employment period" shall not concurrently serve as an executive or employee of the same or similar company, or cooperate with the relevant company by adviser, advisory committee member, or any other means.

“A confidentiality agreement was concluded,” and there was a duty to not cooperate with the same or similar business during the period of employment of the victim company as an employee of the victim company.

Nevertheless, Defendant B, upon receiving a request for a mobile phone case design from Defendant A from August 2015 to September 201 of the same year, prepared a mobile phone case drawing using a computer at the Defendant’s residence and the Seoul Guro-gu Seoul Metropolitan Government and the victim’s office located in 1103 of the same year, and provided Defendant A with the aforementioned drawings.

Since then, Defendant A manufactures a “H” mobile phone case using a mobile phone case drawing received from Defendant B from around November 2015 to July 2016.

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