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(영문) 수원지방법원 2017.02.15 2015고단1812
업무상배임등
Text

Defendants are not guilty.

Reasons

Summary of Facts charged

1. Defendant A was working as the representative director of the Victim G Co., Ltd. (hereinafter “victim”) around October 2009, and was in charge of exercising overall control over the development department of semiconductor defect inspection equipment. On October 2012, Defendant C (hereinafter “Defendant C”) was serving as the representative director of the Defendant Co., Ltd. (hereinafter “Defendant C”). Defendant B was working as the researcher in charge of software development at the development department of semiconductor defect inspection equipment upon joining the victim company around February 21, 201. Defendant B was retired from around October 15, 2012 and was performing duties in cooperation with Defendant C on an irregular basis. Defendant C was established for the purpose of manufacturing and selling semiconductor inspection equipment around October 2012.

2. The victim company was established for the purpose of developing, manufacturing, and selling semiconductor test equipment and optical ionophone (Overlay) measurement equipment of the victim company. The victim company was preparing to develop and produce finished products for the first time by inserting research development costs of KRW 8.9 billion from October 2009 to October 2012, H, which is a semiconductor test equipment, for the first time, was developed at the Korean headquarters of the victim company, and the H’s software was directly developed at the victim company’s headquarters, and the victim company’s headquarters’s foreign branch office was jointly engaged in research and development with the domestic developer.

3. The Defendant, on May 2012, proposed that, among the development department of semiconductor test equipment of the victim company and the development department of broadband (Overlay) measurement equipment, Defendant C, a manufacturer of semiconductor devices that had been under overall control and control of the victim company, established a separate corporation by separating the development department of semiconductor test equipment that was a representative director, but the intent was not achieved due to the management’s opposition.

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