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(영문) 인천지방법원 2016.10.06 2015고단8433
업무상배임등
Text

A defendant shall be punished by imprisonment for one year.

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 victim D was placed in the name of “E” on 1992, and continued to engage in a processing business after changing the trade name of “F” to the trade name of “F” on 199. From around 2007, the victim D is a person who actually operates a processing company that manufactures and sells semi-finished products, such as Bretss, semiconductor equipment frame, automatic packaging machine external appliances product, etc. entered into an industrial machine with “H” in the Nam-gu Incheon Metropolitan City Factory from around 2007.

From July 1, 2007 to October 20, 2014, the Defendant, while working as the above H business management director, took overall control of the overall business of sales, technology development, etc., and established “I Co., Ltd.” (hereinafter “I”) that manufactures, installs, and sells packaging machinery, etc., the same kind of business as H on October 14, 2014, prior to the retirement of the said company, and had the same technology development and business as the business performed at H.

The Defendant, while working in H, was in the environment in which it is difficult for the customer to rapidly collect sales payments due to difficulties in the economic situation on August 2014. However, the Defendant continued to demand a prompt payment from the victim. While he experienced pressure, the Defendant, while exposing trade secrets such as the victim’s design drawings, etc., was able to set up the same kind of company by leaking out the victim’s trade secrets, and produced and sold the same product as the victim made using the leaked trade secrets.

After having contacted H’s business partners who supply packaging machines, the Defendant established a legal entity in order to create and deliver the paper boards (in entering the paper to make automated packaging) instead of H. On October 14, 2015, the Defendant invested KRW 50 million in capital to establish one for the purpose of automated equipment, industrial machinery, washing machine production, installation and sale, and (ju) registered K as the managing director of HJ as the I’s internal director.

1. The Defendant’s violation of the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter “Unfair Competition Prevention and Trade Secret Protection Act”) is a memorial holiday prior to his/her withdrawal from H.

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