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(영문) 수원지방법원 안산지원 2016.07.22 2014고단395

부정경쟁방지및영업비밀보호에관한법률위반(영업비밀누설등)등

Text

Defendant

A shall be punished by a fine of KRW 3,000,000.

Defendant

If A does not pay the above fine, 100,000 won.

Reasons

Criminal facts

The victim C is a manufacturer of semiconductor waferer, which is established around August 2002 in Sil interest, and trades with the domestic companies such as State F (State), (State) G, (State) H, and Japan, I, Taiwan J, China K, etc., and raising a sales of KRW 6 billion per year.

Defendant

A, after joining the victim company on March 1, 2005, he/she takes charge of the development and design of the above machinery as the chief of the department of development after becoming a member of the victim company; on April 30, 2010, after withdrawing the victim company, the same year.

5. In the 18th Gyeonggi-si, the Defendant Company B, a company of the same kind as the victim company, was established by making the Defendant’s wife N as the managing director as the managing director.

The defendant served as the head of the department in charge of the development of the victim C, and "the technical data and trade secrets of the company shall not be used without the permission of the company, or shall not be leaked to or leaked to any third party after retirement as well as while in office.

Since “A security pledge of technology and business secrets” is signed on “a security pledge of technology and business secrets,” the duties must be returned by withdrawing technical data, such as design drawings, and business secrets acquired while in office, and shall not be reproduced, stored, taken out, etc. for other purposes.

Nevertheless, on April 30, 2010, the Defendant retired from the victim company, and carried out a file which is a total of 75 documents filed, such as a business trip report for the establishment of doping machines and the trial run, as shown in attached Table 2.

Defendant for the same year

5. In the 18th century, a corporation, which is the same kind of company in L M, was established and used the above design drawings file and the general document file of the injured party, thereby acquiring accrued property benefits in the amount of damage and causing property damage equivalent to the same amount to the injured party.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police officer with respect to P.