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(영문) 의정부지방법원 고양지원 2017.02.14 2016고단419
업무상배임
Text

A defendant shall be punished by imprisonment for five years.

Nos. 1 to 7 of the evidence recorded in the seizure list on pages 681 of the seized evidence record.

Reasons

Punishment of the crime

From June 12, 2013 to October 31, 2014, the Defendant worked as the production department of the victim D (representative E) corporation for the purpose of gold-type manufacturing business, factory automation design and equipment manufacturing business, etc. in Yongsan-gu, Yongsan-gu, Seoul from Jun. 12, 2013 to Oct. 31, 2014, and was in charge of gold design, manufacturing and processing.

Under the employment contract or good faith principle entered into with the victimized company, the Defendant shall not divulge, without permission, any material business asset produced by the victimized company in exchange for considerable expenses, effort, etc. (hereinafter referred to as “material asset”) to another person or use it out of the victimized company for any purpose other than business, and shall return or discard all material asset to the victimized company, and shall not perform any act such as providing it to a competitor or a trader. Furthermore, despite the fact that there was a duty to not do so, the Defendant violated the duty to not provide it to the victimized company, which is the main asset of the victimized company’s production, with the material related to golf production. During the above tenure of office, the Defendant kept the material related to golf production, which is the core material asset of the victimized company’s computer, etc., from around October 20, 2014, the Defendant prepared to resign from China’s trading company to the damaged company, and discarded or discarded it without returning it to the victimized company around 14, 2014.

On April 20, 2015, the Defendant sent Coreav.p. files, a major asset of the victimized company, to e-mail (G) at the F Office located in the State of Drown of China, in order to order Core Crv's gold, to which the Defendant sent the F Office located in the State of Drown of China, and had the said processing company, etc. input the total amount of KRW 1.5 billion.5 billion.

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