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(영문) 수원지방법원 2021.02.15 2020고정512
업무상배임
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

From April 2015 to January 2017, the Defendant was in charge of the manufacturing, supply, etc. of equipment, such as high speed mixtures, from “C” operated by the victim B from around April 2015 to around January 2017. In that process, the Defendant used or stored the materials of the victimized company, such as drawings, and thus, there was a duty to return or delete them when they leave without being taken out.

Nevertheless, on January 2017, the Defendant released a computer file, such as a high-speed mixed design drawing, which was stored in one’s own USB while leaving the office of “C company” located in Gyeonggi-si, Gyeonggi-do, and then continued to hold it even after withdrawal.

As a result, the Defendant, who is in violation of another person’s duty, carried out 54 computer files, such as design drawings, etc. of the victim’s major business assets, such as the victim’s business assets, without permission, as indicated in the “act of crime” column of the daily list of crimes, and subsequently acquired economic benefits, which are not known after retirement, and caused damage to the victim by failing to return or destroy them.

Summary of Evidence

1. Partial statement of the witness B;

1. A protocol concerning the examination of suspect to the prosecution of a part of the defendant (including the whole part of the interrogation);

1. A protocol concerning the examination of some police officers against E or F;

1. Each police statement made by B, G, H, and I;

1. Investigation report (Confirmation of suspect's e-mail, etc.);

1. Investigation report (related to data, such as e-mail);

1. Investigation report (finalver 3.DPX4/finalver .DPX4/finedver5.DPX4)

1. Investigation report (related to the source file of the damaged company's bar code);

1. The written advisory opinion of the defendant and his defense counsel asserts that the defendant is not guilty, since the 54 file files of the attached crime list (hereinafter "the data of this case") that the defendant carried out as shown in the facts charged do not constitute a major business asset.

Any employee of the company shall divulge any trade secret to the competitor.

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