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(영문) 서울서부지방법원 2015.06.25 2014고정1612
업무상배임등
Text

The Defendant is not guilty. The summary of the judgment of this case is publicly notified.

Reasons

1. Facts charged;

A. From February 20, 2012 to March 26, 2012, the Defendant, in breach of occupational duty, was in charge of the development of teaching materials for art education, and the development of teaching materials and education of visiting teachers at D Co., Ltd. for the victims of visiting art education companies.

According to the employment contract, etc. with D Co., Ltd., the defendant has a duty to not divulge trade secrets such as teaching materials files, etc., core technology of the victim company to others.

Nevertheless, around March 21, 2012, the Defendant violated the above occupational duties, sent four files of D trade secrets to F as described in paragraph (b) at the D office, Seocho-gu Seoul Metropolitan Government, Seoul, 204, and caused F to obtain financial gains equivalent to the market value of the trade secrets, and caused F to obtain financial losses equivalent to D’s equivalent amount.

(b) No person who violates the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter referred to as "business secrets, etc.") shall acquire or use trade secrets useful to the business or divulge them to a third party for the purpose of obtaining unjust profits or inflicting damage on the business;

When the Defendant entered into a service contract with the Megyna Council and its conference on around 2012, which provides lectures and requires teaching materials for lectures, the Defendant, along with the Magyna Council and its conference on the part of the Defendant. Around March 21, 2012, around March 21, 2012, the Defendant sent one file of the 14th class files of the trade secrets of art teaching materials in the amount of about 600 hours developed by D through five years from the D office, “G”, “H” file, “I” file, and “J” file to F by e-mail, and divulged D’s trade secrets.

2. Among the evidence submitted by the judgment prosecutor, the witness K's statement and entry of the witness in the second protocol of the trial, the third protocol of the trial, the witness K's statement and the prosecutor's office of the defendant in the fourth protocol of the trial.

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