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(영문) 수원지방법원 2017.05.26 2016노7795

부정경쟁방지및영업비밀보호에관한법률위반(영업비밀누설등)

Text

All the judgment below against the Defendants is reversed.

Defendants shall be punished by imprisonment for ten months.

except that this shall not apply.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (in each of the Defendants’ imprisonment with prison labor for 10 months) is too unreasonable.

2. The instant crime committed by the Defendants was an employee of the victim in the process of establishing C.

The victim’s trade secrets acquired and used the victim’s trade secrets through F, etc. are likely to undermine the foundation of market order by impairing the fair competition order. Therefore, strict measures are required. The Defendants’ use of the victim’s trade secrets to produce and sell the finished product within a short period of time, and obtained profits therefrom, and the injured party did not have much time and effort to develop the above technology, and the Defendants’ transfer of responsibilities among themselves and do not seem to be in the form of reflectiveness.

However, in light of the fact that there is no particular criminal history for the Defendants, the Suwon District Court of Civil Procedure 2016, 201582, when the victim claimed damages against the Defendants, appears to have been restored to a certain part of the damages suffered by the victim due to the mediation between the victim and the Defendants, the victim does not want the punishment of the Defendants in agreement with the Defendants, and other all of the sentencing conditions specified in the pleadings of this case, including the Defendants’ age, sex, environment, and others, the punishment sentenced by the court below against the Defendants is too unreasonable.

3. Thus, the judgment of the court below against the Defendants is reversed in accordance with Article 364(6) of the Criminal Procedure Act, as the defendants' appeal is with merit, and the judgment below is also ruled as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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