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(영문) 청주지방법원 충주지원 2018.09.20 2017고합74
업무상배임등
Text

Defendant

A shall be punished by imprisonment for eight months.

However, the sentence against the defendant A for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The facts charged of this case are described in the facts charged of this case by Defendant A’s external release of the victim company’s trade secrets to BB employees D and E by e-mail, and based on this, the contents of the film and materials connected to semiconductor use and the research and use of the manufacturing are also indicated in B. This is deemed to be premised on the violation of the Unfair Competition Prevention and Trade Secret Protection Act (Leakage of trade secrets, etc.) due to the leakage and use of trade secrets. However, as examined later, as long as Defendant A acquitted the Defendants of violation of the Unfair Competition Prevention and Trade Secret Protection Act (Leakage of trade secrets, etc.), the facts charged of this case’s violation of the Unfair Competition Prevention and Trade Secret Protection Act (Leakage of trade secrets, etc.) against the Defendants is limited to the crime of occupational breach of trust from the removal of major assets for the victim company’s trade secrets to the number of pages. Thus, the part corresponding to the leakage and use of trade secrets is not stated in the facts charged.

Defendant

A In accordance with the rules of employment, a covenant of business confidentiality, etc. of the victim (the state)C (hereinafter referred to as the "victim company") and the rules of employment, the principal assets for business use acquired by the defendant at the time of his/her employment shall be returned and discarded at the time of retirement, and there has been occupational duties that should not be reproduced or taken out to the outside in order to use them for any purpose other than research and development for the victim company.

Nevertheless, in violation of the above occupational duties, the defendant left the Republic of Korea around May 19, 2014 (ju)B, and the defendant went to the outside without returning or destroying to the victim, the second re-materials of crime list 2, including the name, mixing, mixing, mixing order, manufacturing condition table, etc. necessary to manufacture semiconductor film and materials, which are major assets of the victim company's business use of semiconductor, which are the major assets of the victim company that the defendant was working for the victim company.

As a result, Defendant A is on the above job.

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