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(영문) 대구지방법원 2018.10.26 2017고정1998
업무상배임등
Text

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

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant shall attract automobile insurance customers and take off customer information of the above C while serving as an insurance solicitor who receives fees in Daegu Suwon-gu B and in C, a insurance agency on the fourth floor (hereinafter referred to as “C”).

In addition, using customer information, it independently established a IM insurance agency to conduct business activities.

1. No person shall acquire or use trade secrets for the purpose of obtaining unjust profits or inflicting damage on a person holding trade secrets;

Nevertheless, on November 20, 2016, the Defendant acquired customer information managed by 123 persons as shown in the attached list of crimes from around the time to around the 25th day of the same month, including transfer of data such as the name, contact information, automobile number, and insurance renewal date of customers in the automobile insurance database by accessing the F homepage (G), which is the computer program of customer management of C using mobile phones, from the e-company Suwon-gu Da, Daegu, 2016, and used it to act as an insurance agent around that time.

Accordingly, the defendant acquired and used trade secrets managed by C for the purpose of obtaining illegal profits.

2. From around 200 to December 201, 2016, the Defendant has been engaged in the business of attracting automobile insurance customers in the Victim C Co., Ltd. and working as an insurance solicitor to receive fees, and has been engaged in the conclusion, renewal, management of insurance customers, etc.

No defendant shall divulge trade secrets or important business assets acquired while working in a victim company, or use them for personal interests of the defendant.

Nevertheless, the defendant, at the time and place specified in paragraph 1, uses mobile phones such as paragraph 1, computerized data processing of C's customer management.

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