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(영문) 부산지방법원 2016.01.21 2015고단6059
업무상배임
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 25, 2008, the Defendant: (a) entered the victim E company (hereinafter “victim”) that developed and sells a short-termererererer, roas, etc. located D located in Busan, Busan, and was in charge of the sales of products such as a short-termerer, etc., which was viewed as a business agent, and (b) retired from the damaged company on November 28, 2014; and (c) completed the registration of the business entity of Busan, the business entity located in the Busan, the purpose of which was to manufacture and sell the same wing and fire-resistant materials as the victimized company on November 25, 2014, and was preparing for the establishment of the said company.

Pursuant to the provisions of the rules of employment, employment contract, etc. of the victimized company, the Defendant shall not duplicate, store, or take out the damaged company's trade secrets for any purpose other than business, and shall return or delete all trade secrets data used during the business to the damaged company at the time of withdrawal and shall not use them without permission of the victimized company, or divulge or leak them to the third party.

However, the Defendant violated the above occupational duties for reference in G’s related affairs after retirement. On November 24, 2014, the Defendant connected the NAS server technologies of the victimized company to the NAS server north that was paid by the said victimized company’s office and developed by inserting approximately KRW 175,00,000 from the victimized company about two years of research development costs, and stored and retained 20GB volume files, including 514 business secrets or files corresponding to major business assets as stated in the attached list of crimes, on external hard disks.

Accordingly, the defendant suffered damages from the damaged company equivalent to the amount of the unregistered property value, and acquired the same property profit.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning suspect interrogation of I by the prosecution;

1. Statement made by the prosecution against J, K and L;

1.Each.

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