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(영문) 전주지방법원 군산지원 2015.01.14 2014고단1253
업무상배임등
Text

Defendants shall be punished by imprisonment for ten months.

However, as to the Defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

From December 15, 2008 to September 12, 2012, A, as the deputy head of the research and development department of the victim F (representative G) corporation, took charge of the manufacturing machinery of the Jin-Official Blood Collection Co., Ltd., and Defendant B, as the vice head of the Overseas Business Department of the victim H (representative I) from December 27, 201 to August 3, 2012, was in charge of the overseas business of the Jin-Official Blood Collection Co., Ltd.

Victim F Co., Ltd. is a corporation whose main purpose is the manufacturing business of medical devices and medicines, and the victim He Co., Ltd. is the company that manufactures advanced blood collection sources as a corporation with the main purpose of manufacturing medical devices.

At the time of entry, the Defendants drafted a written oath to the effect that “all matters concerning the management of the company acquired during the performance of their duties in the company and all other information related to the company acquired during the company” shall not be disclosed or disclosed to a third party, and at the time of resignation, the Defendants signed a written pledge to the effect that “any matters concerning the company management acquired during the performance of duties in the company in the company in question and all the company-related information acquired during the company in the company in question shall not be disclosed or disclosed to a third party and shall not be absolutely used for the same company in competition with the company in the company in the company in question and any other third party.” As such, there was a duty to maintain security

Nevertheless, in the early June 2012, the Defendants, within the scope of the Kenyan flight season, anticipated that the victim companies will immediately be in default, and decided to operate a business of manufacturing and selling the advanced blood collection pipe manufacturing machinery using the advanced blood collection pipe design drawings of the victim companies, which were managed by the Defendant A, as trade secrets of the victim companies, to operate a business. Defendant A’s design and manufacture of the advanced blood collection pipe manufacturing machinery, and Defendant B’s business and financing.

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