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(영문) 수원지방법원 성남지원 2016.06.10 2015고정972
업무상배임
Text

The defendant shall be innocent.

Reasons

1. Summary of the facts charged in this case

A. From March 200 to March 200, Defendant A had been working as a factory site in the Chinese Black Yaengngngng-si, the injured party D Co., Ltd. established for the purpose of sterilization, insects, and manufacturing other agricultural chemical products.

C From March 14, 2001 to April 30, 201, the victim D Co., Ltd. worked as the production team leader responsible for mixing various materials that were entered in the crop protection system with the victim D Co., Ltd., and then retired, the E Co., Ltd., a subsidiary company, was employed on May 16, 201 and is responsible for the production of the same product as the production team leader.

The Defendant prepared a confidentiality pledge to the effect that “the victim company’s confidential information and customer’s confidential information will not be disclosed to the outside, regardless of its seriousness,” and had a duty to not unlawfully use or divulge confidential information and tangible and intangible technical information which he/she handled or learned in the victim company while in office.

B. Defendant A and C’s joint crimes around May 19, 201, around 08:45, and each 5g of the standard goods for work for Pendimethalin, Etofen prox, Azxistobin items (W.ST) using e-mail to Defendant A, working as the director in charge of the production of the Incheon Factory of the Victim Company at the time, using e-mail.

Defendant A consented to the request “.....”

Defendant

A around June 7, 2011, at the office of the Incheon Factory Production Team Office of D Co., Ltd. located in the Nam-gu Incheon Metropolitan City, Incheon Metropolitan City, sent “Etofenprox working standard 5ggs” to C.

Accordingly, the defendant and C conspired to obtain property benefits equivalent to the market exchange price in the amount of the standard product for the above work at E Co., Ltd. and suffered damages equivalent to the same amount from the victim company.

2. Determination

(a) the taking out of data without permission by the Company’s employee on its own interest or on its own interest;

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