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(영문) 서울남부지방법원 2021.02.17 2020고단4653
업무상배임등
Text

Defendant

A Imprisonment for eight months, Defendant B’s imprisonment for four months, and Defendant C’s fine of twenty thousand won.

Reasons

Punishment of the crime

【The Victim of the Consumed Facts】 (State) D is a company that manufactures and sells literary stuffs (such as equipment conducting a chemical experiment without having contact with the oxygen or conducting experiments without being exposed to radioactive materials in the atmosphere) while engaging in the manufacture, wholesale, and service business of the re-production of over semesters established around 1985.

Defendant

A, around April 1, 2013, became a member of the Victim (State)D and worked as an agent for the business division, while he/she retired from the office on July 31, 2018, and was appointed as a director for the company of (State)C to manufacture and sell (State), and operates (State)C along with E.

Defendant

B is a person who served as a proxy for a victim (state) management team from June 10, 2013 to July 28, 2019.

Defendant

(State)C is a company established by E and Defendant A around July 2018, which produces and sells grobb gamblings.

[Criminal Facts]

1. Defendant A’s occupational breach of trust and violation of the Unfair Competition Prevention and Trade Secret Protection Act (Leakage, etc. of business secrets);

A. The defendant A in occupational breach of trust prepares a written pledge that he will not disclose confidential information and business secrets of the victim company at the time of entry in the Dispute Resolution (hereinafter referred to as the "victim company") and a security letter to the effect that he will not disclose such confidential information and business secrets of the victim company even after the withdrawal. In addition, the defendant A shall not acquire and use the victim company's business secrets or disclose them to a third party for the purpose of obtaining unjust profits or causing damage to the victim company even after the withdrawal. At the time of withdrawal, the defendant A has a duty to return the victim company's major business secrets, which are assets of the victim company, or to destroy them.

Nevertheless, the defendant did not return or discard confidential data and information about the erobrobbb gambling and carT technology and business acquired or kept in the course of performing his/her duties at the victim company, and the defendant newly established (State)C without returning or destroying them.

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