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(영문) 서울중앙지방법원 2019.09.17 2018고단5149
업무상배임등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 1, 2015, the Defendant entered the Victim B Co., Ltd. (hereinafter “victim”) and operated a personal business operator who provides educational programs similar to the victimized Company on April 5, 2016, “F” as the head of the content platform education team in charge of the management of members, marketing, public relations, attendance and task body, and management of schedule in relation to D as the head of the content platform education team in charge of searching for the author through a book-keeping program that enables him/her to express knowledge that he/she has through the book-keeping program. On November 9, 2015, the Defendant: (a) as the head of the content platform education team leader in charge of the management of members, marketing, promotion, attendance, and task body; and (b) around March 31, 2016, the Defendant established and operated a “F” business operator who provides education programs similar to that of the victimized Company.

Upon retirement, all information and data related to the equipment, data, and confidential matters of the company it has used and all copies thereof shall be returned to the company.

“As a written pledge of security compliance was prepared, the student information, G author information, meeting data, and sales-related data acquired or learned while working for the damaged company, shall not be used for private purposes, or shall not be divulged or disclosed to a third party, except in the case of using the trade secret designated for the designated work, etc., and there is a duty to destroy or return tangible or intangible, or confidential information acquired or known during the period of service after retirement.

Nevertheless, around March 31, 2016, the Defendant violated the above duties.

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