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(영문) 서울중앙지방법원 2017.02.09 2016고단8793
업무상배임등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On March 21, 2011, the Defendant is the husband and wife B, and entered the victim C (hereinafter “victim”) on March 21, 201. From July 2014 to July 2015, the Defendant was engaged in the business of registering and managing pents in “D” on the e-commerce site operated by the victim company while serving in the victim’s side tour camping team.

On the other hand, the victim company conducted pension reservation business through the "D" site, and conducted direct trade with individual pension units, the victim company acquired 15 percent of the amount of the subscription as a commission, and the victim company acquired 8 percent of the amount of the subscription and acquired the amount equivalent to the same percentage of the private road as the commission if the subscription was made through the "benching agent" (the "bencherg").

The Defendant and B established the convention called “E”, and then changed the pen of direct trade with the victim company through “E” to trade it through “E,” with the victim company, and sentenced the victim company to acquire the amount of eight percent of the pre-contract price.

1. Around April 3, 2015, the Defendant sent a file of “benmistist and the current state of penture”, which is a business secret of the victim company, to the e-mail (G) around April 3, 2015, containing the content of facility evaluation, etc. in the victim company’s office located in Gangnam-gu Seoul Metropolitan Government, trading with the victim company.

Accordingly, the defendant disclosed the above files, which are business secrets of the victim company, to B for the purpose of obtaining unjust profits or causing damage to the victim company.

2. The Defendant in occupational breach of trust was an employee in charge of the victim’s pension work, and there was an occupational duty that should not use information, know-how, etc. acquired through such work for personal purposes.

Nevertheless, the defendant has a duty to perform his duties.

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