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(영문) 대구지방법원 2018.10.30 2018고단2396
업무상배임
Text

Defendant

A Imprisonment with prison labor for one year, and for six months, each of the defendants B.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a person retired on December 4, 2017, who entered the company as the vice head of the design team in the Daegu Metropolitan City, Seo-gu D and 1, and entered the company as of August 2016, and was in charge of the sales of automated machines produced and sold by the company as of December 4, 2017. Defendant B is a person who retired on September 30, 2014 while serving as the victim company as the vice head of the design team in the light of 2011.

1. The Defendants’ joint crime victim company: (a) entered the number of each employee of the company into the company server called “F” in order to prevent the leakage of the design drawing of the automated machine; (b) made it possible to peruse and output the automated machine design, such as receiving a letter of resignation from the Defendant B to the company; and (c) managed the automated machine design by managing the automated machine design such as receiving a letter of resignation from the company to the other party; (d) therefore, the Defendants, who managed and handled the data such as the above design, have a duty to return or destroy it to the victim, as a matter of course, should not use it against the interests of the victim; and (e) the Defendants, who were in charge of the management of the data such as the above design, have a duty to return or destroy it to the victim.

그럼에도 불구하고 피고인 A은 2016. 11. 초순경 대구광역시 달서구 D 1호 소재 주식회사 E 설계 실 사무실에서 자신이 소지하고 있는 노트북에 설계 실 네트워크 선을 연결하여 자동화기기계 장비인 ‘ 엔지 버퍼’, ‘ 바 큠 로더’ 제작에 필요한 설계 도면을 다운로드 받아 옮겨 저장하는 방법으로 무단 유출하였다.

Defendant

A with an opportunity to have the above design drawings, etc., the design drawings used them to take charge of the business affairs at the sports office of the victimized company.

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