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(영문) 수원지방법원 평택지원 2016.07.07 2016고단461
업무상배임
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

Reasons

Punishment of the crime

Defendant

A, from April 1, 2012 to July 7, 2015, while serving as a business employee in the victim E, a corporation located in Gyeonggi-si from around April 1, 2012 to around July 7, 2015, was in charge of the public relations, sale, A/S, and collection of products, such as a quantity-afforcing season in the region at all times, and Defendant B from around March 25, 2013 to May 10, 2014 (hereinafter “victim E”).

The PEC program management, which is the core technology of a large-sum cultivation machine, was produced in the production team of the government-owned production team belonging to the business division, was in charge of the production of a large-sum cultivation machine, and the victim E is an enterprise that manufactures and sells agricultural water-related materials such as government expenses and a large-sum cultivation machine on a national scale.

On December 24, 2013, the Defendants, while working for the victim company, had the victim company become aware of the customer company and the production method of the products, etc., from Pyeongtaek-si F, to establish H, a corporation that produces and distributes the cargo automation machine similar to the products of the victim company, and Defendant A, even before, intended to assist the pre-existing customer company in the operation of H by manufacturing products, respectively.

According to the rules of employment, prohibition of reemployment of the same type of business, and strict provisions of confidentiality of the victim company at the time, the defendants had occupational duties to work faithfully for the benefit of the victim company, such as not only during the period of service but also production of products similar to those produced or sold by the victim company across the country or in the region without the consent of the victim company for two years from the date of retirement, or not being employed in the company for this purpose.

Nevertheless, in violation of the above duties, the Defendants violated the above duties, and thus, the Defendant Company I products a large amount of products cultivated from April 4, 2014 to September 15, 2015.

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