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(영문) 서울동부지방법원 2016.08.09 2016고정514
업무상배임
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From July 1, 2009 to May 7, 2010, the Defendant served as an employee of the Victim E Co., Ltd. (hereinafter “victim”) located in Guro-gu Seoul Metropolitan Government (hereinafter “damage Co., Ltd.”) and worked as an employee of the head of the package project division in charge of the development, installation, maintenance, and repair of “F”, which is the communications fare management program owned by the victimized Company.

Before withdrawing the damaged company, the Defendant does not start up a new business or move or start a new business in a competitive company with business secrets which he/she has learned at the time of his/her employment as well as after his/her retirement.

I prepared a written oath to the effect that it shall not disclose or divulge the company's business secrets to a third party after retirement, as well as upon retirement, and that it shall not use it for a competing company or for a third party. As such, I had a duty not to use the business secrets acquired during the time of the victimized company in the competition company.

Nevertheless, on May 7, 2010, the Defendant retired from the damaged company and joined G Co., Ltd., which is a competitor of the victimized company, on May 24, 2010, and then retired from work as the head of the business division of the affected company, and conspired with H who became a member of G Co., Ltd. while retired from work as the head of the business division of the affected company. On June 2010, H retired from the damaged company and shipped out to the outside Had and USB Med, and stored in the outside Had and USB Med, thereby developing, maintaining, and repairing ‘I', a program that performs the same function.

Accordingly, the Defendant conspired with H in violation of his duties, thereby having G Co., Ltd. gain pecuniary advantage equivalent to the market value of the above program market exchange value of the victimized company, and caused damage equivalent to the same amount to the victimized company.

Summary of Evidence

1. Legal statement by the witness J;

1. Statement made by the police to J;

1. The chief of the complaint, all certificates of each registered matter, written judgments (2013 order 2064), staff, security notes, record notes, and recording records, respectively.

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