(영문) 수원지방법원 2013.07.26 2013고단2064

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(영문) 수원지방법원 2013.07.26 2013고단2064

업무상배임

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The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

From March 31, 2004 to May 31, 2010, the Defendant served as the head of H Co., Ltd. in Guro-gu Seoul Metropolitan Government (hereinafter referred to as “victim Co., Ltd.”) with the “I”, a telecommunication fee management program, and the program that connects the phone suffering from the PC, “the program,” a program that connects the phone suffering from the PC, as the head of the package business division that sells, installs, maintains, and repairs.

Before the withdrawal of the victim company, the Defendant: (a) prepared a written oath to the effect that “if he/she retires, he/she shall return all the data related to the secrets of the company he/she held while in office; (b) shall not disclose or divulge the company’s trade secrets to a third party after his/her retirement; and (c) shall not use them for any competitive company or for any third party; (d) the principal assets acquired during the victim company’s employment shall not be disclosed externally; and (e) there was a duty to return or delete the important assets acquired during the victim company’

Nevertheless, on May 31, 2010, the Defendant retired from the victim company, and was in possession of the victim company's I Program and J Program for the purpose of his/her duties while in office, and did not return it to the victim company, and did not delete the above Program.

On the day following the withdrawal of the victim company, the defendant joined L Co., Ltd., which is a competitor in Geumcheon-gu Seoul Metropolitan Government, and developed, maintain and repair the "M", which is a program using the above I program from the defendant's possession.

Accordingly, the Defendant violated the above duties and acquired the pecuniary advantage equivalent to the market exchange value of the above program market value of the victim company, and caused the damage to the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of N police statement 1.

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