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(영문) 대구지방법원 2014.02.14 2013고단6894
업무상배임
Text

Defendant

A shall be punished by imprisonment for eight months, by imprisonment for ten months, and imprisonment for six months for each of the defendants C.

except that this shall not apply.

Reasons

Criminal facts

1. On December 4, 2006, Defendant A is serving as the head of the production department who directly produces the quality of processed meat products to E companies located in Daegu Dong-gu, Daegu (hereinafter “victim”) (hereinafter “victim company”).

On February 28, 2013, after withdrawal, G companies, which are competitors in Daegu-gu, Daegu-gu, have retired from employment.

On the other hand, data, such as the experimental log, in which each production method of meat processed products of the victimized company was written, are important assets for the management of the victimized company that made up of considerable time, effort, and expenses, by developing independently manufacturing methods, such as the type, ratio, etc. of reliance materials, through considerable expenses from around 192 to research and experiment, etc.

The Defendant, as an employee of a victim company, not only has the duty to perform his/her duties for the victimized company with the care of a good manager, but also has a duty to return or destroy important data or files related to the business of the victimized company to the company when withdrawing by preparing and submitting a letter of commitment to the protection of trade secrets, and to not remove without permission for the purpose of divulging them to the competitor or using them.

Nevertheless, on February 2013, the Defendant violated the above occupational duties, and subsequently, upon I’s recommendation to leave the company above G company, copied the test log of six spiced meat products kept in the quantity of the victimized company’s belief, and removed them from the office using copies of the damaged company’s office.

As a result, the Defendant, in violation of his occupational duties, taken out the experiment site of spiced meat products, which are important assets for the management of the victimized company, thereby acquiring the amount of accrued proprietary benefits, and suffered property damage equivalent to the same amount in the victimized company.

2. From February 10, 2010, Defendant B entered the E company, which is a victimized company, with overall management, such as customer management, accounts receivable management, and administrative documents management, etc. of government offices.

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