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(영문) 수원지방법원 2018.07.20 2018고단2638
업무상배임
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 1, 2017, the Defendant entered the Victim B Co., Ltd. and worked as the head of the design team on November 30, 2017 after leaving the team in charge of the design of equipment for inspection and logistics equipment, which is a smartphone production called the Victim B, and leaving the team on November 30, 2017, and changing the company to C on January 2, 2018.

At the time of joining the victim company, the defendant did not divulge any confidential business information developed or acquired during the period of service without the written consent of the company, and immediately return such information as painting, design drawings, etc. that requires managerial secrets of the company when retiring from the company.

“Preparation and submission of a summary letter to the effect that the victim company’s trade secrets (OLED panel’s inspection equipment and Privacy equipment) were either disclosed to another person without permission or used for any purpose other than business, or files, etc. in which the said drawings were stored to be removed from the company to the outside of the company, despite the occupational duties, the victim violated his/her occupational duties, and at the same time reduced the amount of financial competitiveness of the victim company as shown in the attached list of crimes from Oct. 19, 2017 to Nov. 24, 2017, as shown in the attached list of crimes, 1,985 drawings concerning “OED panel inspection logistics equipment” and 1,300 files concerning “T-BS equipment” and 1,300 files were stored in the private USB used by the victim company and kept them outside of the company and after retirement, thereby acquiring the market exchange value of the above drawings and enhancing the victim’s economic interests and enhancing the victim’s economic competitiveness at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A protocol of seizure and a list of seizure;

1. An investigation report (a security pledge attached), an investigation report (an investigation into the USB security system of the complainant company), an investigation report (a confirmation of the details of the release from USB), and an investigation report (an investigation report on the release from USB).

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