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(영문) 대구지방법원 2015.03.06 2014고단6005
업무상배임
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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 Defendant, who was in charge of C and D, handled all the data related to the equipment of the “heat raying machine, ultra-short-waveing machine, multi-waveing machine, vibrationing machine,” which is a victimized company, as trade secrets, prepared a security pledge that prohibits unauthorized reproduction, reproduction, and leakage, and does not divulge technology-related matters, etc. handled in the course of business to the public, so it should not be leaked to the outside, and should not be disclosed to the outside, even if there were occupational duties, and should be in violation of such duties, and should be employed as reference materials if the Defendant is employed in the same company after the withdrawal. On January 4, 2014, at the damaged company office located in Daegu Northern-gu, Daegu, Nowon-gu, as indicated in attached Table 1, P such as P, etc. file 7, such as the design drawings of the automatic assembly equipment, such as the heat learning machine, etc., owned by the victimized company, and at the time of acquisition and exchange of 214 files such as Q, etc. as stated in attached Form 2, Q 4, 305, and 3, the above financial value of the company.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A copy of a security pledge or a copy of a wage contract;

1. Application of Acts and subordinate statutes to output from a hard disc, A PC file search output, A office PC storage list, and each investigation report (digital evidence analysis1, digital evidence analysis2, digital evidence analysis3);

1. Articles 356 and 355 (2) of the Criminal Act, the choice of imprisonment with prison labor, inclusive, with respect to applicable Articles of law and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act;

1. In light of the fact that the Defendant’s reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, when retiring the victimized company, takes out the major business assets of the victimized company in violation of his/her duties, and is employed in the competing company and takes the same duties, the nature of the

(b).

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