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(영문) 수원지방법원 2014.05.29 2013고단3416
업무상배임
Text

Defendants shall be punished by a fine of KRW 5,000,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

[Defendant A’s career] Defendant F Co., Ltd. (hereinafter “victim”) is a company manufacturing the equipment such as semiconductors, L CDs, etc. using business from March 2002 to March 201, 201, and is working as the director of the business director and the director of the research institute.

In June 201, while establishing and operating G Co., Ltd., which is a company that manufactures the equipment such as L CDs using the S Team or carbon dioxide, around December 12, 201, he/she was employed in H, a company that manufactures ice equipment such as nuclear fusion power plant, fluor, etc., and is the head of AP Business Department, who is the head of AP Business Department, is in charge of the manufacture of semiconductors, L CDs, etc. using atmospheric pressure he/she is taking charge of manufacturing devices such as semiconductors, etc.

Defendant

B, from February 2006 to April 201, 201, he/she works as a senior researcher of the victim company and takes charge of the installation, development, etc. of flasma equipment while working as the senior researcher of the victim company.

On January 26, 2012, the AP business department has been in charge of the development of flasma equipment by entering H around January 26, 2012.

【Criminal Facts】

1. Defendant A signed a written oath to the effect that, upon joining the victim company, he/she would not use or divulge any confidential information after his/her withdrawal from the company, and the victim company also prepared guidelines such as letter of association, intellectual property management regulations, rules of employment, etc., and imposed an obligation to prevent leakage of company’s assets such as trade secrets to its employees including the Defendant through the indication of “cronty” and occasional education in some documents, etc., so the Defendant was not obliged to leak the company’s assets such as trade secrets to the outside, and there was a duty to return or delete them at the time of withdrawal.

Nevertheless, on May 1, 201, the defendant retired from the victim company located in the 707 Mea-dong, Seongbuk-gu, Seongbuk-gu, Sungnam-gu, Sungnam-gu, Seoul, and was in possession of the Mea-dong.

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