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(영문) 부산지방법원 2013.07.05 2013고단484
업무상배임
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

From October 20, 1999 to the victim C, the defendant is working as a director of the business planning division.

Since the withdrawal from November 201 to November 201, it is currently working as a regular assistant director after joining the corporation E located in Gangseo-gu Busan Metropolitan Government D.

After changing the G in Ulsan-gu into C on March 14, 2007, the injured party C was a company that manufactures special vessels in the area of maritime facilities, such as the support vessel for ocean drilling, geological exploration vessels, LPG carriers, petrochemicals carriers, cement transport vessels, etc., and completed annual average sales of KRW 500 billion. In particular, since the financial crisis around June 2008, the company was selected as a shipbuilding company subject to the workout program around June 19, 201 due to the influence on the depression of shipbuilding companies after the financial crisis and was under the legal management according to the order to commence the rehabilitation procedure of the Ulsan-gu District Court on May 19, 201, but it was still under the process of liquidation because the acquiring company was not designated.

The defendant has a duty to leave and return important data, such as trade secrets, acquired while in office in accordance with a security observance pledge, a written employment contract, etc. of the above company as the victim, and not perform acts such as reproduction, storage, removal from the country, etc. for other purposes.

Nevertheless, the Defendant: (a) obtained technical data, such as design drawings, procedure drawings, etc. related to the construction of marine drilling support lines, and the construction of geological exploration lines, and estimated cost and contract documents, which the Defendant had been built by the victim upon receiving orders from overseas vessel owners; and (b) obtained from October 7, 201 to November 6, 201, for employment in the same industry after retirement; (c) at the above C Business Planning Team office from October 7, 201 to November 6, 201, in the file server system in which the files prepared by C in the course of business are stored, and (d) obtain technical data, such as design drawings, manuals, and procedure drawings, and cost analysis tables, from overseas.

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