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(영문) 서울남부지방법원 2018.07.20 2017고단5688
업무상배임
Text

The accused shall disclose the summary of the judgment of innocence.

Reasons

1. The summary of the facts charged is that the Defendant, while serving as a director in charge of the technology of the victim C&A in Gyeonggi-si Co., Ltd. (hereinafter “victim”) from July 3, 2006 to March 20, 208, engaged in duties related to the manufacture and production of D, E, etc., “insulable genetics”. The Defendant had a duty to be employed or not open to the same kind or competitive company by using the mixed ratio of Article 3 of the “insulable genetics” and the work process technology of the victimized company.

On January 208, 2008, the Defendant confirmed that he was employed as a technical adviser for the production and production of the FIs of the FIs of the Chinese Black Syll and MIs of the Republic of Korea. On May 2008, the Defendant produced G, H, I, and other products similar to those of the victimized company’s “SIs of the Us. S. Es. Ga, H, and I, by purchasing and using the FIs of the FIs of the FIs of the Republic of Korea in a foreign country the “SIs of the FIs of the Republic of Korea.”

As a result, the Defendant acquired the property benefits equivalent to the market exchange price in the amount of the above trade secrets, and suffered the loss equivalent to the decrease in the amount of the accrued profits to the damaged company.

2. The subject of the occupational breach of trust should be in the position of dealing with another’s business.

Therefore, if a company employee divulges business secrets or important business assets to a competitor or takes them out without permission for the purpose of using them for his own interest, it is a person who administers another's business and discharges or takes them out in violation of his/her duties. Thus, it is possible to constitute a crime of breach of trust in the course of outflow or

In addition, even if an employee of one company legally takes out business secrets, etc. and takes them out does not constitute a crime of occupational breach of trust, he has a duty to return or destroy such business secrets, etc. to the company at the time of retirement.

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