부정경쟁방지및영업비밀보호에관한법률위반(영업비밀누설등)
Defendant shall be punished by a fine of KRW 2,000,000.
If the defendant does not pay the above fine, 50,000 won.
Punishment of the crime
From July 2009 to December 2012, the Defendant entered into an entrusted project agreement with the victim D (Representative E) corporation at his own house of 102 dong 1304, Gwangju Mine-gu, Gwangju, to manage students after registering as members of the victim company while operating the Home School. The Defendant sold learning land, which is the goods of the victim company, to its members, and operated the Home School System for learning guidance in the study room.
On November 2012, the Defendant: (a) had the intent to terminate the consignment agreement between the victim company and engage in personal study room business at the same place; (b) around that time, the Defendant notified the victim company that 40 students, who were members of the victim company using the Defendant’s mobile phone, pocketbook, etc. using text messages, etc., who were written on the victim company’s trade secret, were to operate the victim company’s personal study room in the front way.
In addition, the defendant, who was entrusted by the members of the victim company, sent a notice to the same members to provide learning guidance using the teaching materials for natural education in the Franchis book, which is an individual official book of the defendant, in the future, and recruited about 40 members of the victim company as the students of the Franchis book, and continued to study after receiving the amount of KRW 130,000 per month of the educational expenses and KRW 20,000 per month of the teaching materials.
Accordingly, the defendant used trade secrets useful to the victim company for the purpose of obtaining unjust profits and causing damage to the victim company by soliciting members of the victim company.
Summary of Evidence
1. Partial statement of the defendant;
1. The police statement concerning G;
1. Details of termination of the contract, photograph of operation of public books, and application of the statutes of the contract;
1. Article 18 of the Unfair Competition Prevention and Trade Secret Protection Act concerning criminal facts and Article 18 of the same Act.