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(영문) 대구지방법원 서부지원 2019.03.08 2017고단2
업무상배임등
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

[The facts charged in this case and the applicable provisions of prosecutor]

1. The Defendant, from October 1, 2014, served as the vice president of the Co., Ltd. (hereinafter “victim Co., Ltd.”) located in the Gandong Group B (hereinafter “victim Co., Ltd.”) from around 1, 2014, retired on June 1, 2016, and worked to the police officer on June 2016 to handle remaining business.

The injured company is a company established on April 16, 1993 and engaged in the development, manufacture, and sale of gold-type products, with 190 executives and employees and 33 billion won sales as of the year 2015, with exclusive technical capabilities in the production of gold-type products, and with considerable investment in D technology development expected to be added in the future.

In addition, the management-related files, such as various D-related product specifications, cost, and process analysis data, developed as such (hereinafter “instant files”), invested human resources and research and development expenses on the basis of know-how acquired for more than a few years, and developed them through an error of implementation for a considerable period of time. The CCTV was installed in a company located therein, controlled outside persons’ access, and managed trade secrets-related data by restricting access by unauthorized persons, such as separately paying off trade secrets.

The Defendant, in accordance with the principle of trust and good faith under the employment relationship and social norms, shall not divulge without permission any trade secrets of the victim company acquired while working in the victim company, or use any trade secrets for any purpose other than business or take them out to the outside of the company. In the event of withdrawal, even if there were duties to return or destroy all of the trade secrets to the victim company, the Defendant was in violation of such duties and was able to use them at the time of departure or retirement.

On June 2016, the defendant retired from the above C on June 1, 2016, and attached documents, such as D's specifications.

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