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(영문) 대구지방법원 2020.11.26 2020고단4422
업무상배임등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a “D” employee of the victim’s Operation C from November 1, 2018 to December 16, 2019, who was in charge of the production of small furniture.

From January 2009, the victim handled business data, such as household drawings, customer information, product unit prices, work logs, etc., as trade secrets, and prohibited unauthorized reproduction, duplication, and removal thereof. In order to prevent external leakage, the victim and the head of the department, in the office where CCTV is ordinarily recorded, the victim and the head of the department, in which the access of other employees is restricted, maintained the above data as confidential by reasonable efforts, such as providing education to employees on the prevention of leakage of business data.

The Defendant is prohibited from using data related to the business of the victim, which he/she came to know while working as an employee of the above furniture, for the personal interest of the Defendant, and the victim’s trade secret data he/she became aware of during his/her service is not taken out from the outside, and there was a contract relationship to destroy or return such data to the victim or a duty

Nevertheless, the Defendant set aside the above furniture around December 13, 2019, and sent “G” files, a trade secret data of the victim, to the Defendant’s personal H(I) for the purpose of using the victim’s household drawings to produce, publicize the sales of, or resign from the company’s business for the same kind of work, using the victim’s household drawings, and for the purpose of using the victim’s household production, sales, or departure from employment.

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