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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 인천지방법원 2013.12.20 2013고정1730
업무상배임
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who worked for a victim E’s overseas business team from April 19, 2010 to December 23, 201, and was in charge of selling products in the middle East and Kazakhstan region.

The defendant has an occupational duty that should not be taken out or leaked to a third party, inasmuch as he/she has dealt with important business data, such as information on the life order of overseas customers of the victim company, export price of products, etc. in the course of the above business, in accordance with the incidental duty under an employment contract with the victim company or the duty of good faith

Nevertheless, on November 201, 201, the Defendant established G, a company of the same kind with the victim company, in violation of the above duties, established G in the name of the Defendant’s wife, and around December 23, 201, the Defendant retired from the victim company, and stored files, such as the victim company’s overseas customer list, product export unit, etc., on the Nowon-gu computer used by the Defendant for the purpose of using it for the business of the said G, carried out the file without the consent of the victim company, and operated the business by using the above business data of the victim company, such as Kazaktan, Saudira, Malaysia, and Malaysia, by selling or presenting a quotation for products, such as electronic lick, etc.

Accordingly, the defendant acquired property benefits equivalent to the unregistered market exchange price in the amount invested by the victim company in major business assets, etc., which are considerable time, effort and expenses, and suffered damages equivalent to the same amount in the victim company.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Legal statement of the witness H, and part of the witness I's legal statement;

1. Records of seizure and the list of seizure;

1. A list of overseasbane stored in the suspect Apt, and sales unit price of overseas products stored in the suspect Apt;

1. Application of Acts and subordinate statutes on results of analysis of digital evidence;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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