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(영문) 서울서부지방법원 2012.02.01 2011고단770

부정경쟁방지및영업비밀보호에관한법률위반(영업비밀누설등)

Text

The defendant shall be innocent.

Reasons

1. The Defendant, from September 1, 2008 to September 3, 2009, served as an insurance solicitor of the Victim Company D from around September 1, 2008, and moved to a competitor E (hereinafter “Co., Ltd.”). At the time of working for the Victim Company, the Victim Company printed out personal information containing the name, resident registration number, address, contact address, e-mail address, vehicle ownership-related information, etc. of the purchaser from the Internet evasion company such as “the Victim Company”, “the Victim Company, at the time of working for the Victim Company, sent out the personal information from the purchaser to the computer and provided a new telephone counsel, such as renewal of the insurance contract or a new telephone. After completing consultation, the printed information was not immediately discarded, accumulated, stored, and managed on the Defendant’s book, and was left to the Defendant’s office without the consent of the person in charge of the Victim Company, around September 2009.

On November 2, 2009, the Defendant, at the office of “E” located in Seocho-gu Seoul Metropolitan Government F, contacted G with G using G’s personal information among the output of the personal information acquired as above, provided a renewed telephone counseling, and then renewed the insurance contract for Hyundai Marine and Fire Insurance, which is an insurance company, and one year fake automobile insurance amounting to KRW 619,920,00 for insurance premium of the above E, and then, from November 2, 2009 to September 16, 2010 in the same manner, had 175 customers renew or enter into a new contract for the automobile insurance contract with the insurance company and E as described in the attached list of crimes, thereby gaining profits equivalent to KRW 19,680,483 as intermediary fees out of total insurance premium amount of KRW 103,581,490.

As above, the Defendant acquired and used trade secrets useful to the company in order to obtain unjust profits or to inflict damage on the victim company.

2. As to the assertion of the defendant and his defense counsel, the defendant and his defense counsel shall belong to the victim company.