On February 6, 2013, the Defendant, at the time of closing down the victim company, was to use the so-called franchise design work, to publicize the Defendant’s design production ability on the Internet to the general public. At the time of working in the victim company in the past, the Defendant was to publish the design drawings (attached Form 1), one copy of the administration plan (attached Form 2), one copy of the drawing form (attached Form 3), one copy of the drawing form (attached Form 3) (attached Form 3), one line of text and text, and only the drawing form consisting of a line of text (including size), other than the drawing (including size) and a line of text operated by the Defendant was indicted.

Accordingly, the defendant acquired and used trade secrets useful to the victim company in order to obtain unjust profits or damage the victim company, and distributed them, and infringed the author's property rights of the victim company.

2. Determination

A. Violation of the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter “Trade Prevention and Trade Secret Protection Act”) 1) former Unfair Competition Prevention and Trade Secret Protection Act (amended by Act No. 11963, Jul. 30, 2013; hereinafter “former Unfair Competition Prevention Act”).

Article 18(2) of the former Unfair Competition Prevention Act punishing "a person who has acquired or used trade secrets useful to the company or divulged them to a third party for the purpose of obtaining unjust profits or inflicting damage on the company." The term "trade secrets" under Article 2 subparagraph 2 of the former Unfair Competition Prevention Act is not known publicly, and has independent economic value, and is maintained as confidential by considerable efforts, such as production and sale methods, and other methods.