부정경쟁방지및영업비밀보호에관한법률위반(영업비밀누설등)
The judgment of the court below is reversed.
Defendants shall be punished by imprisonment for not less than five months.
Nos. 1 through 6 of seized evidence.
1. The summary of the grounds for appeal by the Defendants is too unreasonable as the punishment of the lower judgment (eight months in prison) is too unreasonable.
2. The instant crime on the grounds of appeal is to use the online game development by illegally discharging or acquiring 3D engines and development data equivalent to the market price of 22 billion won in online games developed by the company in which the Defendants had previously worked for about four years.
The company that made an investment in human resources and costs of technology development due to the illegal use of new technology developed as such may suffer enormous damage to its property, and it is necessary to strictly punish such an act because it is very serious to damage such as bankruptcy due to its failure to recover the expenses.
If the act of improper use of trade secrets is not severely punished, the awareness that the use of new developed technologies by misappropriation among the general public is much more beneficial than the development of technology, and the development of technology is much more likely to cause a big damage as a whole in society.
Considering these circumstances, it seems inappropriate to issue a suspended sentence to the Defendants.
However, Defendant A deposited KRW 20 million, Defendant B’s 30 million for each victim company, online games using the 3D engine, etc., the Defendants’ unlawful use of which did not reach the completion stage, and the Defendants’ actual damage was minor, and the Defendants’ family members support each. The Defendants did not have any criminal power, and the Defendants reflects mistake. In addition, considering various sentencing conditions as shown in the arguments in the instant case, such as the motive of the instant crime, method of the crime, background of the crime, circumstances after the crime, the Defendants’ age, personality and conduct, and family relationship, the punishment of the lower judgment is deemed unfair, and thus, the Defendants’ assertion is reasonable.
3. Therefore, the Criminal Procedure Act is applicable.