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(영문) 부산지방법원 서부지원 2018.07.13 2018고단451
업무상배임
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 17, 2016, the Defendant entered the victim D (representative E) company, which was established for the purpose of manufacturing, selling, etc. food processing machinery, such as uniforms to be caught in Gangseo-gu Busan, Busan, and then was engaged in the design work of machinery.

As seen above, Defendant created a security pledge that not only while working in the injured company but also should not divulge the company’s business secrets after retirement. Thus, the secrets known to the injured company at the time of his/her employment shall not be disclosed to anyone who is not related to the company’s business affairs, and the business secrets that he/she has learned at the time of his/her retirement shall not be disclosed to any person who is not related to the company’s business affairs. The business secrets that he/she came to know at the time of his/her retirement shall not be returned to the company, and shall not be disclosed to the company without permission, and

Nevertheless, the Defendant violated his/her duties on July 12, 2017, and at the above damaged company office, as seen above, stored 16 copies, etc. of the entire design drawings relating to “unclaimed machinery” developed and sold by the victimized company, i.e., “1. Niter-1608.5g,”

2. New Deger-160817.Vol2.eg was released without permission by transmitting the file to “F, a personal e-mail, using a computer installed therein.”

Ultimately, the Defendant, in violation of his occupational duties, illegally removed confidential business information of the victimized company, thereby obtaining economic benefits equivalent to the market exchange value for confidential business information of the victimized company, and caused considerable damage to the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of seizure records and statutes concerning the list of seizure;

1. Relevant Article of the Criminal Act and Articles 356 and 355 (2) of the Criminal Act concerning the selection of criminal facts (the choice of imprisonment).

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