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(영문) 대구지방법원 2016.05.26 2016고단1205
업무상배임등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

No person shall acquire trade secrets by means of theft, deception, threat, or other unlawful means, or use or disclose trade secrets so obtained, with intent to obtain improper profits or inflict damage on a person holding trade secrets.

From February 10, 2003 to July 31, 2014, the Defendant retired after serving as a general director in charge of design and production management technology in the victim D Co., Ltd. (hereinafter “victim D”) located in Daegu Northern-gu, Daegu-gu as a general director in charge of automatic packaging machinery and production management.

The injured company developed automatic packaging machines, such as “EED machines,” 17-year period of time as a company which mainly develops automated packaging machines, and developed automatic packaging machines by investing their own effort. The design drawings for automatic packaging machines, such as “E packaging machines,” which have recently been developed, are important assets for core core technology of the victimized company. The Defendant, while in office in the victimized company, shall not leak out not only the design of “EED machines” developed in accordance with the employment relationship and social norms, but also the technologies of all companies acquired at the time of his/her employment and the intent specified in the company’s good faith, and at the time of retirement, there were duties to return or destroy them to the victimized company.

Nevertheless, the Defendant established a company of the same kind as the victimized company after retirement to produce and sell the automatic packaging machine design of the victimized company. On July 2014, the Defendant had a total of eight files (1,741 drawings) such as “A430. Dgg” files, which are the core design drawings of the victimized company, in the design room of the victimized company's office located in Daegu North-gu, North-gu, Seoul (USB). On August 25, 2014, the Defendant had a total of eight files (1,741 drawings) as indicated in the list of crimes in the attached list of crimes.

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