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(영문) 서울중앙지방법원 2018.02.07 2017고정3786
업무상배임
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

From June 1, 2016, the Defendant served as the developer of the real-time reservation system for airline tickets and hotels in victim B Co., Ltd. (hereinafter “victim”) and retired on January 6, 2017.

Damage companies are established for the purpose of developing and supplying software related to travel on August 21, 2015, and are located in Gangnam-gu Seoul Metropolitan Government C, and are developing the real-time reservation system for airline tickets and hotels using online and mobile.

The above real-time reservation system, which is being developed by the damaged company, can make a package reservation and settlement of aviation tickets, accommodation, travel schedule, etc., the user has the guidance and the function of the travel dong line, and the source code is the provision of information, etc. to the injured company's trade secrets that are not open to the public. Thus, the defendant has a duty to return or discard it at the time of retirement of the victimized company.

Nevertheless, the Defendant violated the above occupational duties and left the damaged company located in Gangnam-gu Seoul Metropolitan Government around January 6, 2017, and did not return or discard the above aviation ticket and hotel real real-time reservation system file to another company for the purpose of using it at the time of developing a similar system, such as the list of crimes in the attached Table, which was entered in the list of crimes.

As a result, the defendant acquired the market value of the above source code file and caused the damage to the damaged company's property equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement protocol with D;

1. Each investigation report, each protocol of seizure, and each list of seizure;

1. The complaint chief, a certificate of all the registered matters, the organization of the complainant, the annual salary contract, the defendant's name, the records of the defendant's PC PC, image files, planning, and DB-related inquiries, the Kakao Stockholm message;

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