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(영문) 대구지방법원 서부지원 2013.07.26 2013고단372
업무상배임
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

From December 3, 2001 to September 9, 2008, from May 24, 2010 to July 10, 201, the Defendant is a person in charge of the work such as the cost improvement of parts of the parts, the domestically production of imported parts, the company management, etc. in the Ministry of Foreign Affairs and Development D (hereinafter “victim”) that studies, develops, and produces the turbo cer, the core parts of the engine operation of motor vehicles in Kimcheon-si from May 24, 201 to July 10, 201.

Although the Defendant had a duty of care to prevent leakage of major business assets related to the business operation, management, technological development, etc. of the victimized company in accordance with the confidentiality commitment, security management guidelines, and good faith principle while employed in the victimized company, the Defendant, at around June 27, 2012, retired the victimized company in violation of his/her duty, re-employed to E, a partner company of the victimized company, and used its business assets acquired from the victimized company, thereby using his/her own e-mail (F) in his/her office located in the victimized company, to use the damaged company’s business assets acquired from the server for its business use, the Defendant: (a) the materials showing the composition and method of testing on the e-mail materials, which are parts of the base e-mail, and the supply prices, etc. supplied by the HP company to the victimized company; (b) the materials obtained the above e-mail parts and unit price of the victimized company; (c) the quantity of e-mail materials acquired from the server for its business use; and (d) the quantity of 20-1 p.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of the accused by the prosecution;

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