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(영문) 대구지방법원 서부지원 2018.12.12 2018고단2114
업무상배임등
Text

Defendant

A Imprisonment with prison labor for two years, and for ten months, for each of the defendants B.

Reasons

Punishment of the crime

1. All of the facts are those who worked as the production division in charge of manufacturing cosmetics in a stock company (hereinafter “victim”) from July 13, 2015 to December 13, 2017. Defendant B is a person who was under the supervision of Defendant A from September 1, 2017 to November 30, 2017 and was in charge of manufacturing and mixing the contents of various materials into the mixing machinery by measuring the contents of various materials in order to produce D products under the supervision of Defendant A from around September 1, 2017 to around November 30, 2017, and the judgment became final and conclusive on November 1, 2016.

The injured company initially developed D MS factoring in Korea and supplied D MS factorings to major MS factoring sellers, such as E, and obtained excellent foreign certification for manufacturing and quality control standards in around 2012. On around 2015, the injured company was designated as a major company in the field of cosmetics modeling factoring, such as being selected as technology innovative small and medium enterprises.

In particular, since the order for manufacturing related to the DNA factoring production of the damaged company (the letter of order or prescription) was independently developed by the representative director, efforts have been made to comply with the business secrets, etc. by demanding the employee to make a pledge of confidentiality, etc. Accordingly, Defendant A, around January 2017, submitted a "a pledge of confidentiality" to the effect that "not disclosing or divulging the company's business and technical secrets while in office or after retirement," and "a pledge of confidentiality will not divulge all of them after retirement, as well as while in office." Defendant B also submitted to the damaged company a "faith of good faith service contract" to the effect that "a pledge of confidentiality will not be disclosed in whole after retirement."

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