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(영문) 서울남부지방법원 2018.08.13 2017고단4945
업무상배임
Text

Defendant

A and B shall be punished by imprisonment for six months.

However, the defendant A and B are above one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A From October 22, 2012, from around Geumcheon-gu Seoul Metropolitan Government (hereinafter referred to as “victim Company”) around October 2, 2012, a victim F Co., Ltd. (hereinafter referred to as “C”) working as the chief of computer applied engineering (hereinafter “CAE”) team. In particular, G G company in the U.S. that supplies heat interpretation software and H engaged in the role of the business counter between H, the maximum customer of the said heat interpretation software, etc., and around August 25, 2016, it was operating the said company as the representative director after establishing C Co., Ltd., a subsidiary company around August 30, 2016.

Defendant

B From October 18, 2012, from around the above victim's CAE team leader, he was employed as the director of the above victim's company from around August 31, 2016 while engaging mainly in the technical support of heat interpretation software, and was employed in C corporation established by the above defendant A around September 2, 2016.

Defendant

A and B, around August 2016, retired from the victim company, and agreed to be employed by Defendant B in the same type of company established by Defendant A, and agreed to remove important business assets of the victim company out of the victim company to refer to the business affairs of the above C.

Defendant

A and B, as an employee of a victim company, perform their duties for the victim company with due care as a good manager, and in particular, as an employee of the CAE team in the field of technical research, they shall not divulge important business assets to the outside pursuant to the above company security regulations, such as preparing a security pledge to return the important business assets handled in the course of retirement without divulging them externally. In case of retirement, there was a duty to return or discard the important business assets of the victim company to the company.

Nevertheless, around July 22, 2016, Defendant B obtained the consent of Defendant A at the above victim’s CAE Team office.

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