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(영문) 수원지방법원 2014.12.24 2014고단5406
업무상배임
Text

1. Defendant A shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

【Defendant A’s basic fact-finding (hereinafter “F”) is a person who, around February 1, 1997, entered and works for Co., Ltd. E (hereinafter “victim”) located in Ansan-si (hereinafter “victim”) and was employed as a representative director of F, who, on November 23, 2012, retired from office around November 23, 2012, established F, a stock company with the same kind of company as the victimized Company (hereinafter “F”).

Defendant

B is a person who was in charge of business operations in F from March 1, 2013 upon receipt of a proposal from the above A around December 31, 2013 after withdrawal from the office around December 31, 2012 while joining the damaged company on February 17, 201 and being in charge of technical business affairs as the principal agent of the business team.

G is a person who was employed by the damaged company on October 5, 201 and served as a member in the business division as a member and retired from the business division on December 13, 2013.

On the other hand, the injured company is a gold surface processing company that implements the pattern on the gold-type surface for the purpose of improving the functionality of plastic parts of funeral plastic parts in automobiles, and has a tension market share compared to other competitors in trading volume, etc. with domestic and foreign automobile manufacturers such as modern automobiles.

[Specific criminal facts] The Defendants and G were working together in the business department of the victimized company, and there was a fact that the Defendants and G prepared a confidential memorandum and a security pledge to the effect that they will not divulge trade secrets learned in the course of performing their duties, such as various technical business information handled by the victimized company even after retirement, and that the Defendants and G received security education to the same purport, and there was a job duty that should not divulge important business assets of the victimized company without permission, as well as that that there was a job duty that should not divulge important business assets of the victimized company without permission after retirement.

1. Nevertheless, Defendant A and Defendant B’s co-offenders around December 7, 2012.

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