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(영문) 울산지방법원 2015.01.09 2014고정1387

부정경쟁방지및영업비밀보호에관한법률위반(영업비밀누설등)등

Text

1. Defendant A shall be punished by a fine of 5,00,000 won, and Defendant B shall be punished by a fine of 2,00,000 won.

2. Defendants each of the above facts.

Reasons

Punishment of the crime

Defendant

B During the period from July 1, 2013 to December 8, 2013, the victim E, a corporation located in Ulsan-gu, Ulsan-gu, has been in charge of business management, etc., while serving as a chief. Defendant B served as the victim company from July 1, 2013 to December 6, 2013, and was in charge of accounting management upon receiving orders from customers for delivery, etc.

1. Defendant A

A. A. On October 2013, the Defendant violated the Unfair Competition Prevention and Trade Secret Protection Act (Disclosure of Business Secrets, etc.) (1) committed a violation of the victim company’s trade secret, including the name, trade name, telephone number, department and person in charge, transaction details, administrative district and location of the victim company’s trade secret, and the date of registration of its members, in the Defendant’s office located in Ulsan-gu F on November 3, 2013, with the intent to obtain unjust profit or to inflict damage on the victim company by taking advantage of the computer at the Defendant’s office located in Ulsan-gu F on November 21, 2013.

(2) On December 4, 2013, the Defendant, at the Defendant’s office, visited the Victim Company’s above “Kwikset Service Conduct” program under the above method, and received “Sksetset Data” (53,626 items), a trade secret of the Victim Company, on which customer information is indicated, in the form of an X-celled file. In other words, the Defendant again connects the said server at the same place to store 53,626 items and stores 53,626 items.