2013 High Court Order 1730 Occupational Breach of Trust

A

Escopics, scopics and scopics

Law Firm B

Attorney in charge C, D

December 20, 2013

Defendant shall be punished by a fine of 3,00,000 won. If the Defendant fails to pay the above fine, the Defendant shall be confined in the workhouse for the period calculated by converting 50,000 won into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Criminal facts

The Defendant is a person who works for a victim E’s overseas business team from April 19, 201 to December 23, 2011, and was in charge of the sales of products in the middle East and Kazakhstan region. The Defendant, in accordance with the duty of incidental duties under an employment contract with the victim company or the duty of good faith and duty under the principle of good faith, has the victim company’s overseas customer life order information, product export unit price, etc. handled major business data, such as the victim company’s overseas customer life order information, product export unit, etc., and thus, should not be taken out to the outside

Nevertheless, on November 201, 201, the Defendant established G, a company of the same kind with the victim company, in violation of the above duties, established G in the name of the Defendant’s wife, and around December 23, 201, the Defendant retired from the victim company, and stored files, such as the victim company’s overseas customer list, product export unit, etc., on the Nowon-gu computer used by the Defendant for the purpose of using it for the business of the said G, carried out such files without the consent of the victim company, and operated the business by using the above business data of the victim company, such as Kazaktan, Saudira, Malaysia, and Malaysia, by selling or presenting a quotation.

Accordingly, the defendant acquired property benefits equivalent to the unregistered market exchange price in the amount invested by the victim company in major business assets, etc., which are considerable time, effort and expenses, and suffered damages equivalent to the same amount in the victim company.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Legal statement of the witness H, and part of the witness I's legal statement;

1. Records of seizure and the list of seizure;

1. A list of overseasbane stored in the suspect Apt, and sales unit price of overseas products stored in the suspect Apt;

1. Application of Acts and subordinate statutes on results of analysis of digital evidence;

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 356 and 355(2) of the Criminal Act; Selection of fines

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Judgment on the argument of the defendant and defense counsel

1. Details of the assertion;

The name list of overseas customers and the export unit price of goods taken out by the defendant does not correspond to the major assets of the victim company, and the defendant has left the victim company while leaving the company, but did not memory the fact that the above release data was stored in the Nowon-gu, and there was no intention to commit a crime of occupational breach of trust, since there was no fact that the file was opened.

2. Determination

According to the evidence, the defendant's name of foreign customers and the export unit price of products that the defendant takes out from the victim company can obtain competitive benefits by offering an estimated price more favorable than the victim company if the competitor obtains it from the overseas company, as data accumulated in considerable time, effort, and expenses in conducting overseas business. Thus, the above data constitute a major business asset.

In addition, in full view of the fact that the defendant works for the victim company's overseas business team, frequent travel along the victim company's overseas business team, and carried on business by storing overseas business-related data in the defendant's personal Nowon-North Korea, and that there is a trace of using the data such as data such as the name list of overseas customers, etc., and the defendant seems to have used the data recently, the defendant retired from the victim company, and carried them out without deletion despite being aware of the fact that the file, such as the name list of overseas customers, the export price of products, etc., was stored in the Nowon-North Korea, and then, it can be recognized that the defendant used it later, the above assertion by the defendant and the defense counsel is rejected.

Judges Lee Jae-in